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^ORDINANCES AND RESOLUTIONS
OF THE
Mayor and City Council
OF BALTIMORE
PASSED AT THE ANNUAL SESSION 1977-1978
Baltimore
20th Century Printing Company, Inc.
City Printers
1978
and.
514
./U
ORDINANCES
PASSED AT THE ANNUAL SESSION
1977-1978
No. 592
(Council No. 1024)
An Ordinance to repeal and reordain Sections 79-82 of
Article 15 of the Baltimore City Code (1966 Edition),
title "Licenses", subtitle "Selling in Streets", as
amended by Ordinance 67, approved June 16, 1976, and
to add new Sections 82A-82D to said article, to set a
time limit for the parking or standing of the vehicles of
itinerant food vendors in residential areas ; to provide a
minimum distance from schools for the parking and
standing of such vehicles ; to require the licensee of each
such vehicle to provide trash receptacles and to be re-
sponsible for the removal of trash within a specified
radius of his vehicle ; to provide penalties ; and to clarify
certain language.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That Sections 79-82 of Article 15 of the Bal-
timore City Code (1966 Edition), title "Licenses", sub-
title "Selling in Streets", as amended by Ordinance 67, ap-
proved June 16, 1976, be and they are hereby repealed and
reordained with amendments to read as follows :
79. Sale of food or food products.
It shall not be lawful for any person or persons, or firm,
to sell or offer for sale in the streets and highways of Balti-
more City any fresh fruits, vegetables or other [perishable
articles] food or food products without having first ob-
tained from the Director of Finance of Baltimore City, who
is hereby authorized to grant the same, a license, which
[said] license [is to] will expire on the first day of Janu-
ary succeeding the date of its issue. "FOOD OR FOOD
PRODUCTS" INCLUDES ALL ARTICLES USED AS
FOOD, DRINK, CONFECTIONERY, OR CONDIMENT
4 ORDINANCES Ord. No. 592
FOR HUMAN CONSUMPTION, WHETHER SIMPLE OR
COMPOUND, WITH THE EXCEPTION OF MEDICINES,
DRUGS, AND ALCOHOL.
80. Same; licenses.
Any person or persons desiring to sell fresh fruits,
vegetables or other [perishable articles] food or food
products from any wagon or other vehicle in the streets
or highways of Baltimore City shall apply to the Director of
Finance of Baltimore City for a license therefor and shall
pay to said Director of Finance the sum of five dollars ($5) ;
and any person or persons desiring to sell fresh fruits,
vegetables or other [perishable articles] food or food
products from any basket or push-cart in the streets or
highways of Baltimore City shall apply to the Director of
Finance of Baltimore City for a license therefor, and shall
pay to said Director of Finance the sum of two dollars
($2). No license shall be issued for a part of a year. A
LICENSE SHALL ONLY BE ISSUED TO AN APPLI-
CANT WHO HAS A VALID FOOD PERMIT FROM THE
BALTIMORE CITY HEALTH DEPARTMENT.
81. Badges
Each wagon or other vehicle shall be attended by not more
than two men, and such persons shall conspicuously wear
a badge to be supplied by the Director of Finance, and to
be numbered in conformity with the number of the license
on the wagon or other vehicle from which they and each
of them are selling; and each basket man and push-cart
man shall also conspicuously wear a badge to be supplied
by the said Director of Finance, and said badge shall be
numbered to correspond with the number of the license.
82. Penalties.
Any person or persons selling or offering for sale the
articles named in Section 80 of this article without first
having obtained the license and wagon or vehicle number,
as provided for in [said] Section 80, shall forfeit and pay a
fine of five dollars for each and every offense ; and any per-
son or persons neglecting to conspicuously display the
badge, as provided in Section 81 hereof, shall forfeit and
ORDINANCES 5
pay a fine of one dollar for each and every offense, and the
fines and moneys received from the licenses named in
Section 80 are to be deposited with the Director of Finance
to the credit of the City of Baltimore.
Sec. 2. And be it further ordained, That new Sections
82A-82D be and they are hereby added to Article 15 of the
Baltimore City Code (1966 Edition), title "Licenses", sub-
title "Selling in Streets" to read as follows :
82 A,. Time limitations in residential areas.
In residential areas, no person required by Section 79 to
be licensed may stand or park his wagon or other vehicle
on any public street or alley for more than 15 minutes at a
given location and may not within the succeeding U8
hours park or stand within 300 feet of the immediately
previous location.
82B. Selling near schools.
No person required by Section 79 to be licensed may
stand or park his wagon or other vehicle on any street or
alley within 500 feet of the grounds of any building used
as a public or private kindergarten, grammar, or high
school from 7:00 A.M. to 5:00 P.M. on school days,
82C. Receptacles; clean-up.
Every person required by Section 79 to be licensed must
make available sufficient trash receptacles for the use of
his customers. Such person, upon leaving the place where
he has stood or parked his vehicle, is responsible for the re-
moval of trash in the area within a 10 foot radius of the
place where his vehicle stood or was parked*
82D. Penalties; revocation.
A violation of any of the provisions of Sections 82A,
82B, or 82C shall be a misdemeanor, and any person con-
victed thereof shall be subject to a fine of not less than
One Hundred Dollars ($100.00) nor more than Five Hun-
dred Dollars ($500.00), or to imprisonment for not more
than 6 months, or to both fine and imprisonment, at the
6 ORDINANCES Ord. No. 593
discretion of the court. Upon a third conviction under the
provisions of this section, the license required by Section
79 of the person so convicted shall be revoked.
Sec. 3. And be it further ordained, That this ordinance
shall take effect thirty days from the date of its passage.
This Bill became law on December 12, 1977 without the
Mayor's signature.
No. 593
(Council No. 813)
An Ordinance to amend Sheets No. 47 and 57 of the
Zoning District Maps of Article 30 of the Baltimore City
Code (1966 Edition), title "Zoning", (Ordinance No.
1051, approved April 20, 1971) by changing from the
R-8 Zoning District to the £-3-2 M-4 M-l-2 Zoning Dis-
trict the property generally known as 601 N. Milton
Avenue, as outlined in red on the AMENDED plats
accompanying this ordinance.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That Sheets No. 47 and 57 of the Zoning
District Maps of Article 30 of the Baltimore City Code
(1966 Edition), title "Zoning", (Ordinance No. 1051, ap-
proved April 20, 1971, be and they are hereby amended
by changing from the R-8 Zoning District to the B 3 2 M-4
M-l-2 Zoning District the property generally known as
601 N. Milton Avenue as outlined in red on the AMENDED
plats accompanying this ordinance.
Sec. 2. And be it further ordained, That upon passage
of this ordinance by the City Council, as evidence of the
authenticity of the plat which is a part hereof, and in
order to give notice to the departments which are adminis-
tering the Zoning Ordinance, the President of the City
Council shall sign the plat, and when the Mayor approves
the ordinance he shall sign the plat. The City Treasurer
shall then transmit a copy of the ordinance and one of the
ORDINANCES 7
plats to the following: the Board of Municipal and Zoning
Appeals, the Planning Commission, the Commissioner of
the Department of Housing and Community Development,
the Commissioner of Transit and Traffic and the Zoning
Administrator.
Sec. 3. And be it further ordained, That this ordinance
shall take effect thirty days from the date of its passage.
Approved December 16, 1977.
WILLIAM DONALD SCHAEFER, Mayor.
No. 594
(Council No. 1216)
An Ordinance to amend Sheets 45 AND 46 of the Zoning
District Maps of Article 30 of the Baltimore City Code
(1966 Edition) title "Zoning" (Ordinance No. 1051, ap-
proved April 20, 1971) by changing from the B-5-1 Zon-
ing District to the B-4-2 Zoning District the properties
generally known as 1200-1228 and 1301 N. Charles
Street in the Mid-Town Belvedere Urban Renewal Proj-
ect, as outlined in red on the AMENDED plat accom-
panying this ordinance.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That Sheets No. 45 AND 46 of the Zoning
District Map of Article 30 of the Baltimore City Code (1966
Edition), title "Zoning" (Ordinance No. 1051, approved
April 20, 1971) be and it is hereby amended by changing
from the B-5-1 Zoning District to the B-4-2 Zoning District
the properties generally known as 1200-1228 and 1301 N.
Charles Street, as outlined in red on the AMENDED plat
accompanying this ordinance.
Sec. 2. And be it further ordained, That upon passage of
this ordinance by the City Council, as evidence of the au-
thenticity of the plat which is a part hereof and in order to
give notice to the departments which are administering the
8 ORDINANCES Ord. No. 595
Zoning Ordinance, the President of the City Council shall
sign the plat and, when the Mayor approves the ordinance,
he shall sign the plat. The City Treasurer shall then trans-
mit a copy of the ordinance and one of the plats to the
following: Board of Municipal and Zoning Appeals, Plan-
ning Commission, Commissioner of Department of Hous-
ing and Community Development, and the Zoning Admin-
istrator.
Sec. 3. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved December 16, 1977.
WILLIAM DONALD SCHAEFER, Mayor.
No. 595
(Council No. 1291)
An Ordinance consenting to and approving a Petition, dated
June 6, 1977, for the extension of the Metropolitan Dis-
trict of Baltimore County to a tract of land in the Eighth
Election District, in the vicinity of Bosley Road and Pot
Spring Road and in accordance with the provisions of
Chapter 539 of the Acts of the General Assembly of
Maryland 1924, as amended by Chapter 515 of the Acts of
1955., SUBJECT TO THE CONDITIONS THAT THE
AREA WILL BE MAINTAINED IN ACCORDANCE
WITH THE STORM WATER MANAGEMENT POLICY
IN EFFECT ON OCTOBER 24, 1977 AND THAT THE
NUMBER OF DWELLING UNITS PERMITTED ON
THE TRACT SHALL NOT EXCEED THE DENSITY
OF DR 1.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the petition, dated June 6, 1977, for the
extension of the Metropolitan District of Baltimore County
to a tract of land in the Eighth Election District of Balti-
more County in the vicinity of Bosley Road and Pot Spring
Road, more particularly shown on a plat filed in the Depart-
ment of Public Works of Baltimore County numbered 75-
ORDINANCES 9
0227, is in accordance with the authority granted by Chapter
639 of the Acts of the General Assembly of Maryland 1924,
and amended by Chapter 515 of the Acts of 1955 hereby
consented to and approved*, SUBJECT TO THE FOLLOW-
ING CONDITIONS:
A. THAT THE STORM WATER MANAGEMENT
AREA SHALL BE MAINTAINED IN ACCORDANCE
WITH THE EXECUTIVE ORDER OF AUGUST 30,
1974, "STORM WATER MANAGEMENT POLICY" AS
AMENDED THROUGH OCTOBER 24, 1977; AND
B. THAT THE NUMBER OF DWELLING UNITS
PERMITTED ON THIS TRACT SHALL NOT BE IN-
CREASED BEYOND THE DENSITY PERMITTED IN
THE DR 1 ZONE ON THE DATE OF THIS ORDI-
NANCE.
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved December 16, 1977.
WILLIAM DONALD SCHAEFER, Mayor.
No. 596
(Council No. 1293)
An Ordinance providing for reserved parking on the south
side of McHenry Street for John A. Ewart.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That on the south side of McHenry Street,
beginning at a point 10 feet west of the east curb line of
Harmison Street to a point 36 feet west of the east curb line
of Harmison Street parking is reserved for John A. Ewart.
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved December 16, 1977.
WILLIAM DONALD SCHAEFER, Mayor.
10 ORDINANCES Ord. No. 598
No. 597
(Council No. 1308)
An Ordinance providing for reserved parking on the west
side of Guilford Terrace near Homewood Terrace for
William E. Torres.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That on the west side of Guilford Terrace,
from a point 175 feet south of Homewood Terrace to a point
197 feet south of Homewood Terrace, parking is reserved
for William E. Torres.
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved December 16, 1977.
WILLIAM DONALD SCHAEFER, Mayor.
No. 598
(Council No. 1310)
An Ordinance to add new Section 141 (4c) to Article 31 of
the Baltimore City Code (1966 Edition), title "Transit
and Traffic", subtitle "Impounding", designating the north
side of Monument Street from Fallsway to Washington
Street as an impounding area.
Section 1. Beit ordained by the Mayor and City Council
of Baltimore, That new Section 141 (4c) be and it is hereby
added to Article 31 of the Baltimore City Code (1966 Edi-
tion), Title "Transit and Traffic", Subtitle "Impounding",
to read as follows :
141.
(Uc) Monument Street, north side, from Fallsway to
Washington Street.
ORDINANCES 11
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved December 16, 1977.
WILLIAM DONALD SCHAEFER, Mayor.
No. 599
(Council No. 1007)
An Ordinance to condemn and close certain portions of
Interstate Route No. 95 opened in accordance with
Ordinance No. 720 approved January 6, 1966 and Ordi-
nance No. 1048 approved June 21, 1967 extending from
Caroline Street easterly to Boston Street and Luzerne
Avenue in accordance with a plat thereof numbered 322-
A-3, prepared by the Surveys and Records Division and
filed in the Office of the Department of Public Works,
on the Second (2nd) day of March, 1977, and now on file
in said office.
SECTION 1. Be it ordained by the Mayor and City Council
of Baltimore, That the Department of Public Works be,
and they are hereby authorized and directed to condemn
and close certain portions of Interstate Route No. 95
opened in accordance with Ordinance No. 720 approved
January 6, 1966 and Ordinance No. 1048 approved June 21,
1967 extending from Caroline Street easterly to Boston
Street and Luzerne Avenue the portions of Interstate Route
No. 95 hereby directed to be condemned for said closing
being described as follows :
Sheet 1 of 5 comprising Parcel No.'s :
1 — A portion of Ordinance No. 1048 approved June 21,
1967 and bounded by Lancaster Street, Dallas Street, the
south outline of said Ordinance, Westerly 150 feet, more or
less, and Caroline Street and designated as Parcel No. 1.
2 — A portion of Ordinance No. 1048 approved June 21,
1967 and bounded by Lancaster Street, Bond Street, the
12 ORDINANCES Ord. No. 599
south outline of said Ordinance, Westerly 162 feet, more or
less, and Dallas Street and designated as Parcel No. 2.
3 — A portion of Ordinance No. 1048 approved June 21,
1967 and bounded by Lancaster Street, Bethel Street,
Shakespeare Street, and Bond Street and designated as
Parcel No. 3.
4 — A portion of Ordinance No. 1048 approved June 21,
1967 and bounded by Broadway, Shakespeare Street, Bethel
Street and Lancaster Street and designated as Parcel No. 4.
5 — A portion of Ordinance No. 1048 approved June 21,
1967 and bounded by Broadway, Thames Street, the west,
south and east outlines of said Ordinance, the four follow-
ing courses and distances; namely, Northerly 55.00 feet,
Westerly 96 feet, more or less, Southerly 20 feet, more or
less, and Westerly 170 feet, more or less, Bond Street and
Shakespeare Street and designated as Parcel No. 5.
Sheet 2 of 5 comprising Parcel No.'s:
6 — A portion of Ordinance No. 1048 approved June 21,
1967 and bounded by Lancaster Street, Ann Street,
Thames Street and Broadway and designated as Parcel
No. 6.
7 — A portion of Ordinance No. 1048 approved June 21,
1967 and bounded by Lancaster Street, Wolfe Street,
Thames Street and Ann Street and designated as Parcel
No. 7.
Sheets 3, 4 and 5 of 5 comprising Parcel No. 8 :
8 — A portion of Ordinance No. 720 approved January 6,
1966 and bounded by the north, east and west outlines of
said Ordinance the eight following courses and distances,
namely; Easterly 363.3 feet, Southerly 92 feet, more or
less, Easterly 62 feet, Northerly 105.3 feet, Easterly 90.5
feet, Northerly 196.8 feet, Easterly 95 feet and Northerly
145.7 feet, Aliceanna Street, Boston Street, the southeast,
northeast, and north outlines of said Ordinance, the three
following courses and distances, namely; Southwesterly
105.5 feet, Southeasterly 393.0 feet and Easterly 180 feet,
more or less, Boston Street, the northwest outline of the
property known as No. 2GQ2601-2621 Boston Street, the
ORDINANCES 13
southeast, southwest, south and west outlines of said Ordi-
nance, the seven following courses and distances, namely;
Southwesterly 352 feet, more or less, Northwesterly 300 feet,
Northwesterly 1250 feet, more or less, Northwesterly 340
feet, more or less, Westerly 346 feet, Northerly 80 feet and
Westerly 290.0 feet and Wolfe Street and designated as
Parcel No. 8.
The said portions of Interstate Route No. 95 as directed
to be condemned being delineated and particularly shown
on a plat numbered 322-A-3 which was filed in the Office of
the Department of Public Works on the Second (2nd) day
of March, in the year 1977 and is now on file in the said
Office.
Sec. 2. And be it further ordained, That after said high-
way or highways shall have been closed under the provi-
sions of this ordinance, all subsurface structures and
appurtenances now owned by the Mayor and City Council
of Baltimore, shall be and continue to be the property of
the Mayor and City Council of Baltimore, in fee simple,
until the use thereof shall be abandoned by the Mayor and
City Council of Baltimore, and in the event that any per-
son, firm or corporation shall first obtain permission and
permits therefor from the Mayor and City Council of Bal-
timore, and shall in the application for such permission
and permits agree to pay all costs and charges of every
kind and nature made necessary by such removal, alterna-
tion or interference.
Sec. 3. And be it further ordained, That no buildings or
structures of any kind shall be constructed or erected in
said portion of said highway or highways after the same
shall have been closed under the provisions of this ordi-
nance until the subsurface structures and appurtenances
now owned by the Mayor and City Council of Baltimore,
over which said buildings or structures are proposed to be
constructed or erected shall have been abandoned or shall
have been removed and relaid in accordance with the speci-
fications and under the direction of the Director of Public
Works of Baltimore City, and at the expense of the person
or persons or body corporate desiring to erect such build-
ings or structures. Railroad tracks shall be taken to be
"structures" within the meaning of this section.
14 ORDINANCES Ord. No. 599
Sec. 4. And be it farther ordained, That after said high-
way or highways shall have been closed under the provi-
sions of this ordinance, all subsurface structures and
appurtenances owned by any person, firm or corporation,
other than the Mayor and City Council of Baltimore, shall
upon notice from the Director of Public Works of Balti-
more City, be promptly removed by and at the expense of
the said owners.
Sec. 5. And be it further ordained, That on and after the
closing of said highway or highways, the said Mayor and
City Council of Baltimore, acting through its duly author-
ized representatives, shall, at all times, have access to said
property and to all subsurface structures and appurte-
nances used by it therein, for the purposes of inspection,
maintenance, repair, alteration, relocation and/or replace-
ment, of any or all of said structures and appurtenances,
and this without permission from or compensation to the
owner or owners of said land.
Sec. 6. And be it further ordained, That the proceedings
of said Department of Public Works with reference to the
condemnation and closing of said portions of Interstate
Route No. 95 and the proceedings and rights of all parties
interested or affected thereby, shall be regulated by, and be
in accordance with, any and all applicable provisions of
Article 4 of the Code of Public Local Laws of Maryland and
the Charter of Baltimore City (1964 Revision) as amended
to July 1, 1973 and any and all amendments thereto, and
any and all other Acts of the General Assembly of Maryland,
and any and all ordinances of the Mayor and City Council
of Baltimore, and any and all rules or regulations in effect
which have been adopted by the Director of Public Works
and filed with the Department of Legislative Reference.
Sec. 7. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved December 19, 1977.
WILLIAM DONALD SCHAEFER, Mayor.
ORDINANCES 15
No. 600
(Council No. 1008)
An Ordinance to condemn and close certain portions of
Interstate Route No. 95 opened in accordance with Ordi-
nance No. 1048 approved June 21, 1967 extending from
Sharp Street to Battery Avenue in accordance with a plat
thereof numbered 322- A-2, prepared by the Surveys and
Records Division and filed in the Office of the Depart-
ment of Public Works, on the Tenth (10th) day of
February, 1977, and now on file in said office.
SECTION 1. Be it ordained by the Mayor and City Council
of Baltimore, That the Department of Public Works be,
and they are hereby authorized and directed to condemn
and close certain portions of INTERSTATE ROUTE NO.
95 OPENED IN ACCORDANCE WITH Ordinance No.
1048 approved June 21, 1967 extending from Sharp Street
to Battery Avenue the portions of said ordinance hereby
directed to be condemned for said closing being described
as follows:
Sheet 1 of 3 comprising Parcel No/s :
1 — A portion of Ordinance No. 1048 approved June 21,
1967 and bounded by Sharp Street, Montgomery Street,
Peach Street, the right of way line and Henrietta Street
and designated as Parcel No. 1.
2 — A portion of Ordinance No. 1048 approved June 21,
1967 and bounded by Peach Street, Montgomery Street,
Leadenhall Street and the right of way line and designated
as Parcel No. 2.
3 — A portion of Ordinance No. 1048 approved June 21,
1967 and bounded by Hughes Street, Hanover Street,
Montgomery Street and Sharp Street and designated as
Parcel No. 3.
4 — A portion of Ordinance No. 1048 approved June 21,
1967 and bounded by Leadenhall Street, Montgomery
Street, Bevan Street and the right of way line and desig-
nated as Parcel No. 4.
16 ORDINANCES Ord. No. 600
5 — A portion of Ordinance No. 1048 approved June 21,
1967 and bounded by Bevan Street, Montgomery Street,
Hanover Street, Henrietta Street and the right of way line
and designated as Parcel No. 5.
Sheet 2 of 3 comprising Parcel No.'s :
6 — A portion of Ordinance No. 1048 approved June 21,
1967 and bounded by Charles Street, Montgomery Street,
Hanover Street and Hughes Street and designated as Par-
cel No. 6.
7 — A portion of Ordinance No. 1048 approved June 21,
1967 and bounded by Montgomery Street, Charles Street,
Churchill Street and Hanover Street and designated as Par-
cel No. 7.
8 — A portion of Ordinance No. 1048 approved June 21,
1967 and bounded by Charles Street, Hughes Street, Light
Street and Montgomery Street and designated as Parcel
No. 8.
9 — A portion of Ordinance No. 1048 approved June 21,
1967 and bounded by Montgomery Street, Light Street,
Churchill Street and Charles Street and designated as Par-
cel No. 9.
Sheet 3 of 3 comprising Parcel No.'s :
10 — A portion of Ordinance No. 1048 approved June 21,
1967 and bounded by Light Street, Key Highway, William
Street, the south outline of the property known as No. 702
William Street, the east, north and west outlines of the
property known as No. 122/124 Montgomery Street, the
north outline of the properties known as No.'s 106 through
and including 120 Montgomery Street, the east outline of
the property known as No. 104 Montgomery Street, the
north outline of the properties known as No.'s 102 and 104
Montgomery Street, the west outline of the property known
as No. 102 Montgomery Street and Montgomery Street and
designated as Parcel No. 10.
11 — A portion of Ordinance No. 1048 approved June 21,
1967 and bounded by Key Highway, Battery Avenue, a 10
foot alley laid out 30 feet south of Key Highway the east
and south outlines of the property known as No. 707/709
ORDINANCES 17
William Street and William Street and designated as Par-
cel No. 11.
The said portions of said ordinance as directed to be
condemned being delineated and particularly shown on a
plat numbered 322-A-2 which was filed in the Office of the
Department of Public Works on the Tenth (10th) day of
February, in the year 1977 and is now on file in said Office.
Sec. 2. And be it further ordained, That after said high-
way or highways shall have been closed under the provi-
sions of this ordinance, all subsurface structures and
appurtenances now owned by the Mayor and City Council
of Baltimore, shall be and continue to be the property of
the Mayor and City Council of Baltimore, in fee simple,
until the use thereof shall be abandoned by the Mayor and
City Council of Baltimore, and in the event that any per-
son, firm or corporation shall first obtain permission and
permits therefor from the Mayor and City Council of Bal-
timore, and shall in the application for such permission and
permits agree to pay all costs and charges of every kind
and nature made necessary by such removal, alternation or
interference.
Sec. 3. And be it further ordained, That no buildings or
structures of any kind shall be constructed or erected in
said portion of said highway or highways after the same
shall have been closed under the provisions of this ordi-
nance until the subsurface structures and appurtenances
now owned by the Mayor and City Council of Baltimore,
over which said buildings or structures are proposed to be
constructed or erected shall have been abandoned or shall
have been removed and relaid in accordance with the speci-
fications and under the direction of the Director of Public
Works of Baltimore City, and at the expense of the person
or persons or body corporate desiring to erect such build-
ings or structures. Railroad tracks shall be taken to be
"structures" within the meaning of this section.
Sec. 4. And be it further ordained, That after said high-
way or highways shall have been closed under the provi-
sions of this ordinance, all subsurface structures and
appurtenances owned by any person, firm or corporation,
18 ORDINANCES Ord. No. 600
other than the Mayor and City Council of Baltimore, shall
upon notice from the Director of Public Works of Baltimore
City, be promptly removed by and at the expense of the
said owners.
Sec. 5. And be it further ordained, That on and after the
closing of said highway or highways, the said Mayor and
City Council of Baltimore, acting through its duly author-
ized representatives, shall, at all times, have access to said
property and to all subsurface structures and appurte-
nances used by it therein, for the purposes of inspection,
maintenance, repair, alteration, relocation and/or replace-
ment, of any or all of said structures and appurtenances,
and this without permission from or compensation to the
owner or owners of said land.
Sec. 6. And be it further ordained, That the proceedings
of said Department of Public Works with reference to the
condemnation and closing of said portions of said ordinance
and the proceedings and rights of all parties interested or
affected thereby, shall be regulated by, and be in accord-
ance with, any and all applicable provisions of Article 4 of
the Code of Public Local Laws of Maryland and the Charter
of Baltimore City (1964 Revision) as amended to July 1,
1973 and any and all amendments thereto, and any and all
other Acts of the General Assembly of Maryland, and any
and all ordinances of the Mayor and City Council of Balti-
more, and any and all rules or regulations in eifect which
have been adopted by the Director of Public Works and filed
with the Department of Legislative Reference.
Sec. 7. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved December 19, 1977.
WILLIAM DONALD SCHAEFER, Mayor.
ORDINANCES 19
No. 601
(Council No. 1046)
An Ordinance to amend Shee4 Ne* SHEETS NOS. 48
AND 58 of the Zoning District Maps of Article 30 of the
Baltimore City Code (1966 Edition), title "Zoning",
(Ordinance 1051, approved April 20, 1971) by changing
from the M-3 Zoning District to the B-3-1 Zoning District
the property lying north of Pulaski Highway and east of
Haven Street, as outlined in red on the plats accompany-
ing this ordinance.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That Sheet Ne* SHEETS NOS. 48 AND 58 of
the Zoning District Maps of Article 30 of the Baltimore
City Code (1966 Edition), title "Zoning", (Ordinance No.
1051, approved April 20, 1971) be and it is hereby amended
by changing from the M-3 Zoning District to the B-3-1
Zoning District the property lying north of Pulaski High-
way and east of Haven Street, as outlined in red on the plats
accompanying this ordinance.
SEC. 2. And be it further ordained, That upon passage of
this ordinance by the City Council, as evidence of the
authenticity of the plat which is a part hereof and in order
to give notice to the departments which are administering
the Zoning Ordinance, the President of the City Council
shall sign the plat and, when the Mayor approves the ordi-
nance, he shall sign the plat. The City Treasurer shall then
transmit a copy of the ordinance and one of the plats to
the following : the Board of Municipal and Zoning Appeals,
the Planning Commission, the Commissioner of the De-
partment of Housing and Community Development and the
Zoning Administrator.
Sec. 3. And be it further ordained, That this ordinance
shall take effect thirty days from the date of its passage.
Approved December 19, 1977.
WILLIAM DONALD SCHAEFER, Mayor.
20 ORDINANCES Ord. No. 603
No. 602
(Council No. 1047)
An Ordinance granting permission for the establishment,
maintenance and operation of a drive-in restaurant on
the property lying north of Pulaski Highway and east
of Haven Street, as outlined in red on the plats accom-
panying this ordinance, under the provisions of Sections
6.3-ld-3 and 11.0-6d of Article 30 of the Baltimore City
Code (1966 Edition) title "Zoning", as ordained by
Ordinance 1051, approved April 20, 1971.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That permission is hereby granted for the
establishment, maintenance and operation of a drive-in
restaurant on the property lying north of Pulaski High-
way and east of Haven Street, as outlined in red on the
plats accompanying this ordinance, under the provisions
of Sections 6.3-ld-3 and 11.0-6d of Article 30 of the Balti-
more City Code (1966 Edition), title "Zoning", as ordained
by Ordinance 1051, approved April 20, 1971.
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved December 19, 1977.
WILLIAM DONALD SCHAEFER, Mayor.
No. 603
(Council No. 1323)
An Ordinance to condemn and close Lee Street, and extend-
ing from Sharp Street, Westerly 419.5 feet, more or less,
to the line of the west side of the former bed of Howard
Street, as condemned and closed in accordance with Ordi-
nance No. 387 approved August 16, 1909 in accordance
with a plat thereof numbered 334-A-6, prepared by the
ORDINANCES 21
Surveys and Records Division and filed in the Office of the
Department of Public Works, on the Eleventh (11th) day
of November, 1977, and now on file in said office.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the Department of Public Works be, and
they are hereby authorized and directed to condemn and
close Lee Street, and extending from Sharp Street, Westerly
419.5 feet, more or less, to the line of the west side of the
former bed of Howard Street, as condemned and closed in
accordance with Ordinance No. 387 approved August 16,
1909 the street hereby directed to be condemned for said
closing being described as follows :
Beginning for the same at the point formed by the inter-
section of the north side of Lee Street, as now laid out 82.5
feet wide, and the west side of Sharp Street, as now laid
out 66 feet wide, and running thence binding on the west
side of said Sharp Street, Southerly 82.5 feet to the south
side of said Lee Street ; thence binding on the south side of
said Lee Street, Westerly 419.5 feet, more or less, to the line
of the west side of the former bed of Howard Street, 82.5
feet wide, as condemned and closed in accordance with
Ordinance No. 387 approved August 16, 1909; thence
binding on the line of the west side of the former bed of
said Howard Street, Northerly 82.5 feet to the north side
of said Lee Street; thence binding on the north side of said
Lee Street, Easterly 282.5 feet, more or less, to the west side
of Lee Street, varying in width; thence binding on the west,
north and east sides of last said Lee Street, the three fol-
lowing courses and distances; namely, Northerly 3.83 feet,
Easterly 35 feet and Southerly 3.61 feet to the north side of
Lee Street, mentioned firstly herein and thence binding on
the north side of Lee Street, mentioned firstly herein,
Easterly 102 feet to the place of beginning.
the said Lee Street as directed to be condemned being more
particularly described and referred to among the Land
Records of Baltimore City and delineated and particularly
shown on a plat numbered 334-A-6 which was filed in the
Office of the Department of Public Works on the Eleventh
(11th) day of November, in the year 1977 and is now on
file in the said Office.
22 ORDINANCES Ord. No. 603
Sec. 2. And be it further ordained, That after said high-
way or highways shall have been closed under the provi-
sions of this ordinance, all subsurface structures and ap-
purtenances now owned by the Mayor and City Council of
Baltimore, shall be and continue to be the property of the
Mayor and City Council of Baltimore, in fee simple, until
the use thereof shall be abandoned by the Mayor and City
Council of Baltimore, and in the event that any person, firm
or corporation shall first obtain permission and permits
therefor from the Mayor and City Council of Baltimore, and
shall in the application for such permission and permits
agree to pay all costs and charges of every kind and nature
made necessary by such removal, alteration or interference.
Sec. 3. And be it further ordained, That no buildings or
structures of any kind shall be constructed or erected in said
portion of said highway or highways after the same shall
have been closed under the provisions of this ordinance
until the subsurface structures and appurtenances now
owned by the Mayor and City Council of Baltimore,
over which said buildings or structures are proposed
to be constructed or erected shall have been abandoned
or shall have been removed and relaid in accordance
with the specifications and under the direction of the
Director of Public Works of Baltimore City, and at the
expense of the person or persons or body corporate desiring
to erect such buildings or structures. Railroad tracks shall
be taken to be "structures" within the meaning of this
section.
Sec. 4. And be it further ordained, That after said
highway or highways shall have been closed under the
provisions of this ordinance, all subsurface structures and
appurtenances owned by any person, firm or corporation,
other than the Mayor and City Council of Baltimore, shall
upon notice from the Director of Public Works of Baltimore
City, be promptly removed by and at the expense of the
said owners.
Sec. 5. And be it further ordained, That on and after the
closing of said highway or highways, the said Mayor and
City Council of Baltimore, acting through its duly author-
ized representatives, shall, at all times, have access to said
ORDINANCES 23
property and to all subsurface structures and appurtenances
used by it therein, for the purposes of inspection, mainte-
nance, repair, alteration, relocation and/or replacement, of
any or all of said structures and appurtenances, and this
without permission from or compensation to the owner or
owners of said land.
Sec. 6. And be it further ordained, That the proceedings
of said Department of Public Works with reference to the
condemnation and closing of said Lee Street and the proceed-
ings and rights of all parties interested or affected thereby,
shall be regulated by, and be in accordance with, any and all
applicable provisions of Article 4 of the Code of Public Local
Laws of Maryland and the Charter of Baltimore City (1964
Revision) as amended to July 1, 1973 and any and all
amendments thereto, and any and all other Acts of the
General Assembly of Maryland, and any and all ordinances
of the Mayor and City Council of Baltimore, and any and all
rules or regulations in effect which have been adopted
by the Director of Public Works and filed with the Depart-
ment of Legislative Reference.
Sec. 7. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved December 23, 1977.
WILLIAM DONALD SCHAEFER, Mayor.
No. 604
(Council No. 1150)
An Ordinance to condemn and open, all streets and alleys
referred to among the Land Records of Baltimore City
and lying within the Govans Multi-Purpose Center Site
located at No.'s 5221-5227 York Road in accordance with
a plat thereof numbered, 332-A-ll, prepared by the Sur-
veys and Records Division and filed in the Office of the
Department of Public Works, on the Fourteenth (14th)
day of July, 1977, and now on file in said office.
24 ORDINANCES Ord. No. 604
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the Department of Public Works be, and
they are hereby authorized and directed to condemn, open,
all streets and alleys referred to among the Land Records of
Baltimore City and lying within the Govans Multi-Purpose
Center Site located at No.'s 5221-5227 York Road the streets
and alleys hereby directed to be condemned for said opening
being described as follows :
1 — An alley, 4 feet wide, beginning at a point on the east
side of York Road at the distance of 72.86 feet southerly,
measured along the east side of York Road from Glenwood
Avenue and extending Easterly, 116 feet, more or less, to a
10 foot alley laid out in the rears of the properties known as
No.'s 5217% through and including 5227 York Road and
designated as Parcel No. 1.
2 — An alley, 2 feet wide, beginning at a point on the east
side of York Road at the distance of 123.93 feet southerly,
measured along the east side of York Road from Glenwood
Avenue and extending, Easterly 115 feet, more or less, to a
10 foot alley laid out in the rears of the properties known as
No.'s 52171/2 through and including 5227 York Road and
designated as Parcel No. 2.
3 — An alley, 10 feet wide, laid out in the rears of the
properties known as No.'s 5217V2 through and including
5227 York Road and extending from Glenwood Avenue,
Southerly 184 feet, more or less, to the end thereof and
designated as Parcel No. 3.
the said alleys as directed to be condemned being more
particularly described and referred to among the Land
Records of Baltimore City and delineated and particularly
shown on a plat numbered 332-A-ll which was filed in the
Office of the Department of Public Works on the Fourteenth
(14th) day of July in the year 1977, and is now on file in
said Office.
Sec. 2. And be it further ordained, That the proceedings
of said Department of Public Works, with reference to the
condemnation and opening of said alleys and the proceedings
and rights of all parties interested or affected thereby, shall
be regulated by, and be in accordance with, any and all ap-
plicable provisions of Article 4 of the Code of Public Local
ORDINANCES 25
Laws of Maryland and the Charter of Baltimore City (1964
Revision) as amended to July 1, 1973 and any and all
amendments thereto, and any and all other Acts of the
General Assembly of Maryland, and any and all ordinances
of the Mayor and City Council of Baltimore, and any and
all rules or regulations in effect which have been adopted
by the Director of Public Works and filed with the Depart-
ment of Legislative Reference.
Sec. 3. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved December 27, 1977.
WILLIAM DONALD SCHAEFER, Mayor.
No. 605
(Council No. 1151)
An Ordinance to condemn and close all streets and alleys
referred to among the Land Records of Baltimore City
and lying within the Govans Multi-Purpose Center Site
located at No.'s 5221-5227 York Road in accordance with
a plat thereof numbered 332-A-11A, prepared by the
Surveys and Records Division and filed in the Office of the
Department of Public Works, on the Fourteenth (14th)
day of July, 1977, and now on file in said office.
SECTION 1. Be it ordained by the Mayor and City Council
of Baltimore, That the Department of Public Works be, and
they are hereby authorized and directed to condemn and
close all streets and alleys referred to among the Land
Records of Baltimore City and lying within the Govans
Multi-Purpose Center Site located at No.'s 5221-5227 York
Road the streets and alleys hereby directed to be condemned
for said closing being described as follows :
1 — An alley, 4 feet wide, beginning at a point on the
east side of York Road at the distance of 72.86 feet souther-
ly, measured along the east side of York Road from Glen-
26 ORDINANCES Ord. No. 605
wood Avenue and extending Easterly, 116 feet, more or less,
to a 10 foot alley laid out in the rears of the properties
known as No.'s 5217 V& through and including 5227 York
Road and designated as Parcel No. 1.
2 — An alley, 2 feet wide, beginning at a point on the east
side of York Road at the distance of 123.93 feet southerly,
measured along the east side of York Road from Glenwood
Avenue and extending, Easterly 115 feet, more or less, to a
10 foot alley laid out in the rears of the properties known as
No.'s 52171/2 through and including 5227 York Road and
designated as Parcel No. 2.
3 — An alley, 10 feet wide, laid out in the rears of the
properties known as No.'s 5217% through and including
5227 York Road and extending from Glenwood Avenue,
Southerly 184 feet, more or less, to the end thereof and
designated as Parcel No. 3.
the said alleys as directed to be condemned being more
particularly described and referred to among the Land
Records of Baltimore City and delineated and particularly
shown on a plat numbered 332-A-11A which was filed
in the Office of the Department of Public Works on the
Fourteenth (14th) day of July, in the year 1977 and is now
on file in the said Office.
Sec. 2. And be it further ordained, That after said high-
way or highways shall have been closed under the provisions
of this Ordinance, all subsurface structures and appurten-
ances now owned by the Mayor and City Council of Balti-
more, shall be and continue to be the property of the Mayor
and City Council of Baltimore, in fee simple, until the use
thereof shall be abandoned by the Mayor and City Council
of Baltimore, and in the event that any person, firm or cor-
poration shall first obtain permission and permits therefor
from the Mayor and City Council of Baltimore, and shall
in the application for such permission and permits agree
to pay all costs and charges of every kind and nature made
necessary by such removal, alternation or interference.
Sec. 3. And be it further ordained, That no buildings or
structures of any kind shall be constructed or erected in
said portion of said highway or highways after the same
ORDINANCES 27
shall have been closed under the provisions of this ordinance
until the sub-surface structures and appurtenances now-
owned by the Mayor and City Council of Baltimore, over
which said buildings or structures are proposed to be con-
structed or erected shall have been abandoned or shall have
been removed and relaid in accordance with the specifica-
tions and under the direction of the Director of Public
Works of Baltimore City, and at the expense of the person
or persons or body corporate desiring to erect such buildings
or structures. Railroad tracks shall be taken to be "struc-
tures" within the meaning of this section.
Sec. 4. And be it further ordained, That after said high-
way or highways shall have been closed under the provisions
of this ordinance, all subsurface structures and appurten-
ances owned by any person, firm or corporation, other than
the Mayor and City Council of Baltimore, shall upon notice
from the Director of Public Works of Baltimore City, be
promptly removed by and at the expense of the said owners.
Sec. 5. And be it further ordained, That on and after
the closing of said highway or highways, the said Mayor
and City Council of Baltimore, acting through its duly
authorized representatives, shall, at all times, have access
to said property and to all subsurface structures and appur-
tenances used by it therein, for the purposes of inspection,
maintenance, repair, alteration, relocation and/or replace-
ment, of any or all of said structures and appurtenances,
and this without permission from or compensation to the
owner or owners of said land.
Sec. 6. And be it further ordained, That the proceedings
of said Department of Public Works with reference to the
condemnation and closing of said alleys and the proceedings
and rights of all parties interested or affected thereby, shall
be regulated by, and be in accordance with, any and all
applicable provisions of Article 4 of the Code of Public
Local Laws of Maryland and the Charter of Baltimore City
(1964 Revision) as amended to July 1, 1973 and any and
all amendments thereto, and any and all other Acts of the
General Assembly of Maryland, and any and all ordinances
of the Mayor and City Council of Baltimore, and any and all
rules or regulations in effect which have been adopted by
28 ORDINANCES Ord. No. 606
the Director of Public Works and filed with the Department
of Legislative Reference.
Sec. 7. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved December 27, 1977.
WILLIAM DONALD SCHAEFER, Mayor.
No. 606
(Council No. 711)
An Ordinance to condemn and close Danville Avenue, 70
feet wide, and extending from Clinton Street, Westerly
929 feet, more or less, to the Bulkhead Line of the North-
west Branch Patapsco River in accordance with a plat
thereof numbered 328-A-24, prepared by the Surveys and
Records Division and filed in the Office of the Depart-
ment of Public Works, on the Twenty-Seventh (27th)
day of December, 1976, and now on file in said office.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the Department of Public Works be,
and they are hereby authorized and directed to condemn
and close Danville Avenue, 70 feet wide, and extending
from Clinton Street, Westerly 929 feet, more or less, to the
Bulkhead Line of the Northwest Branch Patapsco River
the street hereby directed to be condemned for said closing
being described as follows:
Beginning for the same at the point formed by the inter-
section of the west side of Clinton Street, as now laid out
70 feet wide and the south side of Danville Avenue, 70 feet
wide and running thence binding on the south side of
said Danville Avenue, Westerly 929 feet, more or less, to
intersect the Bulkhead Line of the Northwest Branch
Patapsco River; thence binding on said Bulkhead Line,
Northerly 70 feet to intersect the north side of Danville
Avenue; thence binding on the north side of said Danville
ORDINANCES 29
Avenue, Easterly 929 feet, more or less, to intersect the
west side of said Clinton Street and thence binding on the
west side of said Clinton Street, Southerly 70 feet to the
place of beginning.
The said Danville Avenue as directed to be condemned
being more particularly described and referred to among
the Land Records of Baltimore City and delineated and
particularly shown on a plat numbered 328-A-24 which was
filed in the Office of the Department of Public Works on
the Twenty-Seventh (27th) day of December in the year
1976, and is now on file in the said Office.
Sec. 2. And be it further ordained, That after said high-
way or highways shall have been closed under the provi-
sions of this ordinance, all subsurface structures and ap-
purtenances now owned by the Mayor and City Council of
Baltimore, shall be and continue to be the property of the
Mayor and City Council of Baltimore, in fee simple, until
the use thereof shall be abandoned by the Mayor and City
Council of Baltimore, and in the event that any person,
firm or corporation shall desire to remove, alter or interfere
therewith, such person, firm or corporation shall first obtain
permission and permits therefor from the Mayor and City
Council of Baltimore, and shall in the application for such
permission and permits agree to pay all costs and charges
of every kind and nature made necessary by such removal,
alteration or interference.
Sec. 3. And be it further ordained, That no buildings or
structures of any kind shall be constructed or erected in
said portion of said highway or highways after the same
shall have been closed under the provisions of this ordi-
nance until the subsurface structures and appurtenances
over which said buildings or structures are proposed to be
constructed or erected shall have been abandoned or shall
have been removed and relaid in accordance with the spe-
cifications and under the direction of the Director of Public
Works of Baltimore City, and at the expense of the person
or persons or body corporate desiring to erect such build-
ings or structures. Railroad tracks shall be taken to be
"structures" within the meaning of this section.
30 ORDINANCES Ord. No. 607
Sec. 4. And be it further ordained, That on and after
the closing of said highway or highways, the said Mayor
and City Council of Baltimore, acting through its duly
authorized representatives, shall, at all times, have access
to said property and to all subsurface structures and ap-
purtenances used by it therein, for the purposes of inspec-
tion maintenance, repair, alteration, relocation and/or re-
placement, of any or all of said structures and appurte-
nances, and this without permission from or compensation
to the owner or owners of said land.
Sec. 5. And be it further ordained, That the proceedings
of said Department of Public Works with reference to the
condemnation and closing of said Danville Avenue and the
proceedings and rights of all parties interested or affected
thereby, shall be regulated by, and be in accordance with,
any and all applicable provisions of Article 4 of the Code
of Public Local Laws of Maryland and the Charter of
Baltimore City (1964 Revision) as amended to July 1, 1973
and any and all amendments thereto, and any and all other
Acts of the General Assembly of Maryland, and any and all
ordinances of the Mayor and City Council of Baltimore,
and any and all rules or regulations in effect which have
been adopted by the Director of Public Works and filed
with the Department of Legislative Reference.
Sec. 6. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved December 29, 1977.
WILLIAM DONALD SCHAEFER, Mayor.
No. 607
(Council No. 998)
An Ordinance providing for one-way eastbound traffic on
the first alley west of Walther Avenue from Hilltop
Avenue to Walther Avenue.
ORDINANCES 31
Section 1. Beit ordained by the Mayor and City Council
of Baltimore, That on the first alley west of Walther Avenue,
from Hilltop Avenue to Walther Avenue, traffic shall be
one-way eastbound.
Sec. 2. And be it further ordained, That this ordinance
shall take effect on the day of its passage.
Approved December 29, 1977.
WILLIAM DONALD SCHAEFER, Mayor.
No. 608
(Council No. 1286)
An Ordinance authorizing the acquisition by purchase or
condemnation by the Mayor and City Council of Balti-
more of the fee simple interests or such other interests
as the Director of The Department of Public Works may
deem necessary or sufficient, in and to certain pieces or
parcels of land situate in Baltimore City, for public high-
way purposes, namely for the opening, widening, grading,
construction and maintenance of Wells Street, extending
from Charles Street, Easterly 332.46 feet to Marshall
Street and authorizing the acquisition by purchase or
condemnation of any property, rights, interests, ease-
ments and/or franchises necessary in the opening, widen-
ing, grading, construction and maintenance of said Wells
Street; and authorizing the making of all necessary agree-
ments concerning said Wells Street; and authorizing the
construction of said Wells Street; the location and course
of said Wells Street being shown on a plat thereof num-
bered 117-A-8A, prepared by the Surveys and Records
Division and filed in the Office of the Director of The
Department of Public Works on the Nineteenth (19th)
day of August, 1977.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That it is necessary to acquire by purchase
or condemnation for public highway purposes, namely, for
32 ORDINANCES Ord. No. 608
the opening, widening, grading, construction and mainte-
nance of Wells Street, extending from Charles Street, East-
erly 332.46 feet to Marshall Street; the fee simple interests
or such other interests as the Director of The Department
of Public Works may deem necessary, in and to the pieces
or parcels of land, situate in Baltimore City, including the
improvements thereon, bounded as follows :
Beginning for the same at the point formed by the inter-
section of the east side of Charles Street, as now laid out
66 feet wide, and the south side of Wells Street, varying in
width, said point of beginning being the beginning of the
parcel of land conveyed by Charles Realty Corp. to The
Susquehanna Terminal Co. by deed dated October 24, 1963
and recorded among the Land Records of Baltimore City
in Liber J.F.C. No. 1583, Folio 46, and running thence
binding on part of the first line of the parcel of land
described in said deed, and on the east side of said Charles
Street, there situate, South 03°-03'-50" East 39.38 feet;
thence for new lines of division through the parcel of land
described in said deed, the four following courses and dis-
tances; namely, North 86°-55'-20" East 1.28 feet, by a line
curving to the left with a radius of 529.84 feet the distance
of 132.78 feet which arc is subtended by a chord bearing
North 79°-44'-34.75" East 132.43 feet, by a line curving to
the right with a radius of 588.53 feet the distance of 148.86
feet which arc is subtended by a chord bearing North 79°-
48'-35.25" East 148.46 feet and North 87°-03/-21" East
51.80 feet to intersect the west side of Marshall Street, as
now laid out 20 feet wide; thence binding on part of the
eighth line of the parcel of land described in said deed, to
the end thereof, and on the west side of said Marshall
Street, there situate, North 07°-31'-50" East 3.70 feet to
intersect the south side of said Wells Street and thence
binding on the last line of the parcel of land described in
said deed, and on the south side of said Wells Street, there
situate, South 87°-05'-00" West 332.46 feet to the place of
beginning.
Containing 6128.11 square feet or 0.1407 acre of land,
more or less.
All courses and distances in the above description are
referred to the true meridian as adopted by the Balti-
more Survey Control System.
ORDINANCES 33
Including all property, rights, interests, easements and/
or franchises necessary in the opening, widening, grading,
construction and maintenance of said Wells Street, the loca-
tion and course of said Wells Street being shown on a plat
thereof numbered 117-A-8A, prepared by the Surveys and
Records Division and filed in the office of The Director of
The Department of Public Works on the Nineteenth (19th)
day of August, 1977.
Any mention of reference to any streets, roads, avenues,
highways or alleys in this ordinance or on the plat referred
to herein are for the purpose of description only, and shall
not be held or taken to be any evidence whatever that said
streets, roads, avenues, highways, alleys or any of them,
are public, dedicated or private thoroughfares.
Sec. 2. And be it further ordained, That the Director of
The Department of Public Works or the person or persons
the Board of Estimates of Baltimore City may hereafter
from time to time designate, is or are hereby authorized to
acquire on behalf of the Mayor and City Council of Balti-
more, and for the purposes described in this ordinance, the
fee simple interests or such other interests as the said
Director may deem necessary or sufficient, in and to said
pieces or parcels of land and improvements thereupon,
including all property, rights, interests, easements and/or
franchises necessary in the opening, widening, grading,
construction and maintenance of said Wells Street. If the
said Director of The Department of Public Works, or per-
son or persons the Board of Estimates of Baltimore City
may designate are unable to agree with the owner or owners
on the purchase price of any of the said pieces or parcels
of land and improvements thereupon or for any of the said
properties, rights, interests, easements and/or franchises,
they shall forthwith notify the City Solicitor of Baltimore
City who shall thereupon institute in the name of the Mayor
and City Council of Baltimore the necessary legal proceed-
ings to acquire by condemnation the fee simple interests or
such other rights, interests, easements and/or franchises
as the said Director may deem necessary or sufficient for
the purposes of said Wells Street Project.
Sec. 3. And be it further ordained, That the proceedings
for the acquisition by condemnation of the property and
34 ORDINANCES Ord. No. 609
rights herein described and the rights of all parties inter-
ested or affected thereby shall be regulated by and be in
accordance with the provisions of The Real Property Article
of the Annotated Code of Maryland (1974), Title 12,
Section 101 Et Seq. and any and all amendments thereto.
Sec. 4. And be it further ordained, That the said Director
of The Department of Public Works or person or persons
the Board of Estimates of Baltimore City may designate
are also hereby authorized to negotiate for and to enter into
in the name of the Mayor and City Council of Baltimore,
any and all necessary agreements with the Federal and
State Governments, or any of their agencies, and any other
persons, firms or corporations, in aid of, in furtherance of,
or in connection with said Wells Street Project; all such
acquisitions and agreements to be subject to the approval
of the Board of Estimates.
Sec. 5. And be it further ordained, That after the neces-
sary agreements have been made and the necessary proper-
ties, lands, rights, easements and/or franchises have been
acquired as hereinbefore provided, the Director of The
Department of Public Works of Baltimore City is hereby
authorized and directed to construct or cause to be con-
structed the said Wells Street Project, all in accordance
with detailed plans hereafter to be prepared therefore and
after said plans have been approved by the said Director of
The Department of Public Works.
Sec. 6. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved December 29, 1977.
WILLIAM DONALD SCHAEFER, Mayor.
No. 609
(Council No. 1162)
An Ordinance to authorize the use of the property known
as 2927 Hollins Ferry Road and a portion of 2925 Hollins
ORDINANCES 35
Ferry Road, as outlined in red on the plats accompanying
this ordinance, for an open air off-street parking facility
in the R-6 District, pursuant to Sections 4.6-ld and 11.0-
6d of Article 30 of the Baltimore City Code (1966 Edi-
tion), title "The Zoning Ordinance of Baltimore City"
(Ordinance No. 1051) approved April 20, 1971.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the property known as 2927 Hollins
Ferry Road and a portion of 2925 Hollins Ferry Road, as
outlined in red on the plats accompanying this ordinance,
be and it is hereby authorized for use as an open air off-
street parking facility in the R-6 District, pursuant to
Sections 4.6-ld and 11.0-6d of Article 30 of the Baltimore
City Code (1966 Edition), title "The Zoning Ordinance of
Baltimore City" (Ordinance No. 1051 approved April 20,
1971).
Sec. 2. And be it further ordained, That upon passage
of this ordinance by the City Council, as evidence of the
authenticity of the plat which is a part hereof and in order
to give notice to the departments which are administering
the Zoning Ordinance, the President of the City Council
shall sign the plat, and when the Mayor approves the ordi-
nance, he shall sign the plat. The City Treasurer shall then
transmit a copy of the ordinance and one of the plats to
the following : the Board of Municipal and Zoning Appeals,
the Planning Commission, the Commissioner of the De-
partment of Housing and Community Development, the
Commissioner of Transit and Traffic, and the Zoning Ad-
ministrator.
Sec. 3. And be it further ordained, That this ordinance
shall take effect thirty days from the date of its passage.
Approved December 27, 1977.
WILLIAM DONALD SCHAEFER, Mayor.
36 ORDINANCES Ord. No. 610
No. 610
(Council No. 1298)
An Ordinance to repeal and reordain, with amendments,
subsection (a) of Section 8 of Article 22 of the Baltimore
City Code (1966 Edition), as amended by Ordinance 3058,
approved December 1, 1975, title "Retirement Systems,"
subtitle "Employees' Retirement System," reducing the
Mandatory contribution rate for members.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That subsection (a) of Section 8 of Article
22 of the Baltimore City Code (1966 Edition), as amended
by Ordinance 1058, approved December 1, 1975, title
"Retirement Systems," subtitle "Employees' Retirement
System," be and it is hereby repealed and reordained, with
amendments, to read as follows :
Section 8 (a) Annuity Savings Fund. (1) The Annuity
Savings Fund shall be a fund in which shall be accumulated
contributions from the compensation of members to provide
for their annuities. Effective with the first full payroll
period commencing closest to [July 1, 1973] January 1,
1978, the contributions by a member to the Retirement Sys-
tem shall equal [six percent (6%)] five percent (5%)
of his earnable compensation, such contributions to continue
throughout such member's entire period of service, sub-
ject to the provisions in Section 8(a) (2). Provided, how-
ever, that a male member in the system prior to July 1,
1973, who is contributing at a rate of contribution which is
less than [six per cent (6%)] five percent (5%) shall con-
tinue to contribute at his present rate; and provided, fur-
ther, that a female in the system prior to July 1, 1973, shall
contribute at the rate of contribution in effect prior to
July 1, 1973, for a male member of corresponding age at the
time of entrance into the system, unless said rate exceeds
[six percent (6%)] five percent (5%), in which event her
contribution shall equal [six percent (6%) J five percent
(5%) of her earnable compensation. "Earnable compensa-
tion" shall be as denned in Section 1, paragraph (11) of
this subtitle.
ORDINANCES 37
Sec. 2. And be it further ordained, That in the event it be
judicially determined that any word, phrase, clause, sen-
tence, paragraph, section or part in this ordinance or the
application thereof to any person or circumstances is invalid,
the remaining provisions and the application of such pro-
visions to other persons or circumstances shall not be
affected hereby, the Mayor and City Council hereby declar-
ing that they would have ordained the remaining provisions
of this ordinance without the word, phrase, clause, sentence,
paragraph, section or part or the application thereof so held
invalid, and to this end the provisions of this ordinance are
declared to be severable.
Sec. 3. And be it further ordained, That this ordinance
shall take effect on and from January 1, 1978.
Approved December 27, 1977.
WILLIAM DONALD SCHAEFER, Mayor.
No. 611
(Council No. 1223)
An Ordinance to amend the Inner Harbor Project I Renewal
Plan which was approved by the Mayor and City Council
of Baltimore by Ordinance No. 1045 approved June 15,
1967 and amended by Ordinance 244, approved July 23,
1968, Minor Plan Amendment, approved June 4, 1969,
Ordinance 658, approved December 18, 1969, and Ordi-
nance 837, approved June 18, 1970, by Minor Plan Amend-
ment, approved December 15, 1971, by Minor Plan
Amendment, approved January 23, 1974, and by Ordi-
nance 986, approved September 15, 1975, with regard to:
(1) Section V — Standards and Controls — Paragraph P
development area controls revising controls for develop-
ment areas 13, 15, and 15a, eliminating development areas
15b and 4£e 15D and revising Exhibits B and C accord-
ingly.
Whereas, the Inner Harbor Project I Renewal Plan was
approved by the Mayor and City Council of Baltimore by
38 ORDINANCES Ord. No. 611
Ordinance No. 1045 approved June 15, 1967 and amended
by Ordinance 244, approved July 23, 1968, Minor Plan
Amendment, approved June 4, 1969, Ordinance 658, ap-
proved December 18, 1969, and Ordinance 837, approved
June 18, 1970, by Minor Plan Amendment, approved Decem-
ber 15. 1971. by Minor Plan Amendment, approved January
23, 1974, and by Ordinance 986, approved September 15,
1975; and
Whereas, no substantial change or changes may be made
in the Inner Harbor Project I Renewal Plan, without such
change or changes being first adopted by the Director of the
Department of Planning of Baltimore and adopted by an
ordinance of the Mayor and City Council of Baltimore, and
Whereas, the Department of Housing and Community
Development desires to amend the Inner Harbor Project
I Renewal Plan with regard to: (1) Section V Standards
and Controls — Paragraph P Development Area Controls
Revising Controls For Development Areas 13, 15, and 15a,
eliminating Development Areas 15b and 45e 15D and re-
vising Exhibits B and C accordingly.
Whereas, the following amendments were approved by
the Director of the Department of Planning of Baltimore on
October 13, 1977 and were approved and recommended to
the City Council by the Department of Housing and Com-
munity Development; now, therefore,
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the following amendments to the Inner
Harbor Project I Renewal Plan (hereinafter referred to as
"Plan") having been duly reviewed and considered are
hereby approved and the Clerk of the City Council is hereby
directed to file a copy of said amendments with the Depart-
ment of Legislative Reference as a permanent public record
and make the same available for public inspection and in-
formation:
(a) In Section V, Standards and Controls, Paragraph P,
Development Area Controls :
-(44 doloto "Development Area 43 m its entirety a»4 *a-
se*t m lieu thereof the following;
ORDINANCES 39
"Development Area 43
&7 General Use-? Commoroial
fer Building Requirements:
ir Maximum Permitted Height: Elevation 5Q leet? exeept
fee limited extensions el specialized construction, as may fee
approved by the Agency.
iir Vehicular Access: Assess will fee permitted from the
surrounding Streets through Development Area 45? m sueh
a manner as may fee approved fey the Department.
iiir Parking: £Pe Parking permitted except fea? special
uses as may fee approved fey the Department."
(1) ON PAGE 16 OF THE PLAN, DELETE DEVEL-
OPMENT AREA 13 IN ITS ENTIRETY AND INSERT
IN LIEU THEREOF THE FOLLOWING:
DEVELOPMENT AREA 13
A. GENERAL USE : COMMERCIAL
B. BUILDING REQUIREMENTS:
I. MAXIMUM PERMITTED HEIGHT: ELEVATION
50 FEET, EXCEPT FOR LIMITED EXTENSIONS OF
SPECIALIZED CONSTRUCTION, AS MAY BE AP-
PROVED BY THE DEPARTMENT.
II. VEHICULAR ACCESS: ACCESS WILL BE PER-
MITTED FROM THE SURROUNDING STREETS
THROUGH DEVELOPMENT AREA 15, IN SUCH A
MANNER AS MAY BE APPROVED BY THE DEPART-
MENT.
III. PARKING: NO PARKING PERMITTED EX-
CEPT FOR SPECIAL USES AS MAY BE APPROVED
BY THE DEPARTMENT.
IV. PLANNING REVIEW: ALL PRELIMINARY
AND FINAL PLANS FOR DEVELOPMENT AREA 13
SHALL BE SUBJECT TO REVIEW AND COMMENT
BY AN AD HOC ADVISORY TASK FORCE (HERE-
INAFTER CALLED TASK FORCE) WHICH SHALL
BE ESTABLISHED BY THE COMMISSIONER OF THE
DEPARTMENT OF HOUSING AND COMMUNITY DE-
40 ORDINANCES Ord. No. 611
VELOPMENT TO PROVIDE CITIZEN INPUT INTO
THE DESIGN PROCESS FOR THE IMPROVEMENTS
TO BE CONSTRUCTED WITHIN SAID DEVELOP-
MENT AREA. THE SIZE AND COMPOSITION OF THE
SAID TASK FORCE SHALL BE DETERMINED BY
THE COMMISSIONER AT HIS SOLE DISCRETION,
EXCEPT THAT THE TASK FORCE SHALL INCLUDE
TWO REPRESENTATIVES OF THE CITY COUNCIL
WHO SHALL BE APPOINTED BY THE PRESIDENT.
THE DEPARTMENT SHALL RETAIN FINAL AU-
THORITY TO APPROVE OR DISAPPROVE ALL PRO-
POSED PLANS FOR SAID AREA.
(2) I» ON PAGE 16 OF THE PLAN, IN Development
Area 15 delete paragraph b — Building Requirements and
insert in lieu thereof the following:
"b. Building Requirements: No building construction
will be permitted at or above grade level except for that
which is related and incidental to the General Use of this
Development Area, and which is approved by the Agency;
provided that vehicular circulation, other than access to
Development areas is prohibited and provided further, that
parking at or above grade is prohibited except for limited
short-term surface parking as may be approved by the De-
partment."
C. OPEN SPACE: DEVELOPMENT AREA 15 IS
HEREBY DEDICATED PERPETUALLY AS PUBLIC
OPEN SPACE SO AS TO BE FOREVER AVAILABLE
FOR PUBLIC USE AS DEFINED IN SECTION IV,
PARAGRAPH B, 2, E HEREIN.
•(&)• ift Development Area 45a? delete the entire para
graph fer Building Requirements, a«4 insert m lieu- thereof
the following:
^ ir Maximum Permitted Height : Elevation 50 feety
except £&£ limited extensions e£ specialized construction,
as may fee approved fey the Agency.
iir Vehicular Access: Access w41i fee permitted from the
surrounding streets through Area 45? i» sueh a manner
as may fee approved fey the Department.
iiir Parking: Ne parking permitted, except fe* spoeial
uses as may fee approved fey the Department."
ORDINANCES 41
(3) ON PAGE 16 OF THE PLAN, DELETE DEVEL-
OPMENT AREA 15A, IN ITS ENTIRETY AND INSERT
IN LIEU THEREOF THE FOLLOWING:
DEVELOPMENT AREA 15 A
A. GENERAL USE: COMMERCIAL
B. BUILDING REQUIREMENTS:
I. MAXIMUM PERMITTED HEIGHT: ELEVATION
50 FEET, EXCEPT FOR LIMITED EXTENSIONS OF
SPECIALIZED CONSTRUCTION, AS MAY BE AP-
PROVED BY THE DEPARTMENT.
II. VEHICULAR ACCESS: ACCESS WILL BE PER-
MITTED FROM THE SURROUNDING STREET
THROUGH AREA 15, IN SUCH A MANNER AS MAY
BE APPROVED BY THE DEPARTMENT.
III. PARKING: NO PARKING PERMITTED EX-
CEPT FOR SPECIAL USES AS MAY BE APPROVED
BY THE DEPARTMENT.
IV. PLANNING REVIEW: ALL PRELIMINARY
AND FINAL PLANS FOR DEVELOPMENT AREA 15A
SHALL BE SUBJECT TO REVIEW AND COMMENT
BY AN AD HOC ADVISORY TASK FORCE (HERE-
INAFTER CALLED TASK FORCE) WHICH SHALL
BE ESTABLISHED BY THE COMMISSIONER OF THE
DEPARTMENT OF HOUSING AND COMMUNITY DE-
VELOPMENT TO PROVIDE CITIZEN INPUT INTO
THE DESIGN PROCESS FOR THE IMPROVEMENTS
TO BE CONSTRUCTED WITHIN SAID DEVELOP-
MENT AREA. THE SIZE AND COMPOSITION OF THE
SAID TASK FORCE SHALL BE DETERMINED BY
THE COMMISSIONER AT HIS SOLE DISCRETION,
EXCEPT THAT THE TASK FORCE SHALL INCLUDE
TWO REPRESENTATIVES OF THE CITY COUNCIL
WHO SHALL BE APPOINTED BY THE PRESIDENT.
THE DEPARTMENT SHALL RETAIN FINAL AU-
THORITY TO APPROVE OR DISAPPROVE ALL PRO-
POSED PLANS FOR SAID AREA.
(4) Delete ON PAGE 17 OF THE PLAN, DELETE
Development Area 15b in its entirety.
42 ORDINANCES Ord. No. 612
(5) delete ON PAGE 18 OF THE PLAN, DELETE
Development Area 15d in its entirety.
(b) Delete Exhibits B and C and insert in lieu thereof
new Exhibits B and C as revised October 11, 1977.
(C) ON PAGE 9 OF THE PLAN, IN SECTION V,
STANDARDS AND CONTROLS, DELETE PARAGRAPH
D— SERVICING— IN ITS ENTIRETY AND INSERT IN
LIEU THEREOF THE FOLLOWING:
D. SERVICING:
ALL SERVICING SHALL BE OFF STREET, AND
EXCEPT WITH RESPECT TO DEVELOPMENT AREAS
13 AND 15A AND TO THE PROPERTIES NOT TO
BE ACQUIRED, SHALL BE WITHIN STRUCTURES
AND ROOFED, SO AS TO BE SCREENED FROM
PUBLIC VIEW. LOADING DOCKS WILL BE PRO-
VIDED AND MAINTAINED IN ACCORDANCE WITH
THE BUILDING CODE OF BALTIMORE CITY. OPEN-
AIR STORAGE OF EQUIPMENT, MERCHANDISE,
AND MATERIALS IS PROHIBITED, EXCEPT IN DE-
VELOPMENT AREAS 17A AND 25. OUTSIDE EX-
HIBIT OR DISPLAY OF MERCHANDISE IS PROHIB-
ITED EXCEPT WHERE SPECIFICALLY PERMITTED
BY THE DEPARTMENT.
SEC. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved February 8, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 612
(Council No. 1122)
An Ordinance to add new Section 37(p-9) to Article 1 of the
Baltimore City Code (1966 Edition), title "Mayor, City
Council and Municipal Agencies", subtitle "Commission
ORDINANCES 43
for Historic and Architectural Preservation", to follow
immediately after Section 37(p-8) thereof, adding the
2000 block of Mt. Royal Terrace to the Mt. Royal Terrace
— Reservoir Hill Historic and Architectural Preservation
District.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That new Section 37(p-9) be and it is hereby
added to Section 37 of Article 1 of The Baltimore City Code
(1966 Edition), Title "Mayor, City Council and Munici-
pal Agencies", Subtitle "Commission for Historic and Archi-
tectural Preservation", to follow immediately after Section
37 (p-8) thereof and to read as follows :
87.
(p-9) The parcel of land located with the boundaries set
forth in this subsection are hereby declared to be within
the Mt. Royal Terrace — Reservoir Hill Historic and Archi-
tectural Preservation District.
Beginning for the same at the point formed by the inter-
section of the west side of Mt. Royal Terrace, and the north
side of Lennox Street and running thence binding on the
west side of said Mt. Royal Terrace, Northerly 313 feet,
more or less, to intersect the south side of Reservoir Street;
thence binding on the south side of said Reservoir Street,
Westerly 120 feet, more or less, to the east side of a 10 foot
alley; thence binding on the east side of said 10 foot alley,
Southerly 78.5 feet, more or less, to the southernmost ex-
tremity of said 10 foot alley and to the north outline of the
property known as No. 2022 Mt. Royal Terrace, there sit-
uate; thence binding on the north outline of said property,
Westerly 58 feet, more or less, to the east side of a 15 foot
alley; thence binding on the east side of said 15 foot alley,
Southerly 156 feet, more or less, to the south outline of the
property known as No. 2008 Mt. Royal Terrace; thence
binding on the south outline of last said property, Easterly
60 feet, more or less, to the east side of a 10 foot alley;
thence binding on the east side of said 10 foot alley, South-
erly 78 feet, more or less, to intersect the north side of said
Lennox Street and thence binding on the north side of
said Lennox Street, Easterly 118 feet, more or less, to the
place of beginning.
44 ORDINANCES Ord. No. 613
Sec. 2. And be it further ordained, That this ordinance
shall take effect thirty days from the date of its passage.
Approved February 8, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 613
(Council No. 1132)
An Ordinance to authorize the use of the properties known
as 4042 4021-4027 Frederick Avenue, as outlined in red on
the plats accompanying this ordinance, for an open air
off -street parking facility in the B-2-2 District, pursuant
to Sections 6.2-ld and 11.0-6d of Article 30 of the Bal-
timore City Code (1966 Edition), title "The Zoning
Ordinance of Baltimore City" (Ordinance No. 1051) ap-
proved April 20, 1971.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the properties known as 4021-4027
Frederick Avenue, as outlined in red on the plats accom-
panying this ordinance, be and they are hereby authorized
for use as an open air Off-street parking facility in the
B-2-2 District, pursuant to Sections 11.0-6d and 6.2-ld of
Article 30 of the Baltimore City Code (1966 Edition), title
"The Zoning Ordinance of Baltimore City" (Ordinance No.
1051) approved April 20, 1971.
Sec. 2. And be it further ordained, That upon passage of
this ordinance by the City Council, as evidence of the au-
thenticity of the plat which is a part hereof and in order to
give notice to the departments which are administering the
Zoning Ordinance, the President of the City Council shall
sign the plat, and when the Mayor approves the ordinance,
he shall sign the plat. The City Treasurer shall then trans-
mit a copy of the ordinance and one of the plats to the fol-
lowing: the Board of Municipal and Zoning Appeals, the
Planning Commission, the Commissioner of the Department
ORDINANCES 45
of Housing and Community Development, the Commis-
sioner of Transit and Traffic, and the Zoning Administrator.
Sec. 3. And be it further ordained, That this ordinance
shall take effect thirty days from the date of its passage.
Approved February 8, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 614
(Council No. 1185)
An Ordinance to amend Sheet No. 24 of the Zoning District
Maps of Article 30 of the Baltimore City Code (1966
Edition), title "Zoning," (Ordinance No. 1051, approved
April 20, 1971) by changing from the R-7 Zoning District
to the M-l-1 Zoning District the property located on the
south side of Cox Street 156 feet west of conduit Avenue,
as outlined in red on the plats accompanying this ordi-
nance.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That Sheet No. 24 of the Zoning District
Maps of Article 30 of the Baltimore City Code (1966 Edi-
tion), title "Zoning", (Ordinance No. 1051, approved April
20, 1971) be and it is hereby amended by changing from the
R-7 Zoning District to the M-l-1 Zoning District the prop-
erty located on the south side of Cox Street 156 feet west
of Conduit Avenue, as outlined in red on the plats accom-
panying this ordinance.
Sec. 2. And be it further ordained, That upon passage of
this ordinance by the City Council, as evidence of the
authenticity of the plat which is a part thereof and in order
to give notice to the departments which are administering
the Zoning Ordinance, the President of the City Council
shall sign the plat, and when the Mayor approves the ordi-
nance, he shall sign the plat. The City Treasurer shall then
transmit a copy of the ordinance and one of the plats to the
46 ORDINANCES Ord. No. 615
following : the Board of Municipal and Zoning Appeals, the
Planning Commission, the Commissioner of the Depart-
ment of Housing and Community Development and the Zon-
ing Administrator.
Sec. 3. And be it further ordained, That this ordinance
shall take effect thirty days from the date of its passage.
Approved February 8, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 615
(Council No. 1354)
An Ordinance to amend the Urban Renewal Plan for the
Mid-Town Belvedere Area, which plan was approved by
Ordinance No. 1037, dated December 1, 1975 to, among
other things, (1) authorize the acquisition by purchase or
by condemnation by the Mayor and City Council of Bal-
timore, for Urban Renewal purposes of certain proper-
ties; (2) revise certain exhibits attached to said plan to
indicate the changes provided therein; and (3) provide
for an effective date hereof.
Whereas, a Renewal Plan for Mid-Town Belvedere was
approved by the Mayor and City Council of Baltimore by
Ordinance No. 1037, dated December 1, 1975, and last
amended by Ordinance No. 374, dated June 28, 1977; and
Whereas, pursuant to Section 26, Article 13 of the Balti-
more City Code (1966 Edition) as amended by Ordinance
No. 152 approved June 28, 1968, and Ordinance No. 325
dated May 31, 1977, no substantial change or changes shall
be made in any Renewal Plan, after approval by ordinance,
without such change or changes first being adopted and
approved in the same manner as set forth in said Section
26 for the approval of a Renewal Plan, namely the prepara-
tion of such change or changes by the Department of Hous-
ing and Community Development, the approval of such
change or changes by the Director of the Department of
ORDINANCES 47
Planning, and approval and adoption by an ordinance of the
Mayor and City Council of Baltimore after a public hearing
in relation thereto, all in the manner set forth in said
Section 26; and
Whereas, the Department of Housing and Community
Development has prepared a list of changes to the Renewal
Plan for Mid-Town Belvedere, known as "Amendment No. 3
to the Urban Renewal Plan for Mid-Town Belvedere" dated
"December 6, 1977"; and
Whereas, said Amendment No. 3 to the Renewal Plan for
Mid-Town Belvedere has been approved by the Director
of the Department of Planning on December 8, 1977, with
respect to its conformity as to the Master Plan; the detailed
location of any public improvements proposed in the
amended Renewal Plan; its conformity to the rules and
regulations for subdivisions; and all zoning changes pro-
posed in the amended Renewal Plan, and said Amendment
No. 3 to the Renewal Plan has been approved and recom-
mended to the Mayor and City Council of Baltimore by the
Commissioner of the Department of Housing and Com-
munity Development on December 8, 1977; now, therefore,
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the following amendment and changes to
the Renewal Plan for the Mid-Town Belvedere Urban Re-
newal Area having been duly reviewed and considered, are
hereby approved, and the Clerk of the City Council is hereby
directed to file a copy of said Renewal Plan revised to include
Amendment No. 3, dated December 6, 1977, with the De-
partment of Legislative Reference as a permanent public
record and make the same available for public inspection and
information.
1. In the Table of Contents, page i, section entitled
"Purposes for Acquiring Properties Within the Project
Area", change the paragraph reference from "C.l.z." to
read"C.l.a."
2. In the Table of Contents, page ii, section entitled
"EXHIBITS", delete the dates of the maps for Exhibits 2
and 3 from "2/14/77" and insert in lieu thereof "12/6/77".
3. In Section D., entitled "PROCEDURES FOR
CHANGES IN APPROVED PLAN," page 8, line 4, delete
48 ORDINANCES Ord. No. 615
the words "City Planning Commission" and insert in lieu
thereof "Director of the Department of Planning".
4. In Appendix A, entitled "NON-COMPLYING USES",
page 10, delete the following properties and their respective
uses:
1202 N. Charles Street Palmist
1210 N. Charles Street Massage Parlor
1216 N. Charles Street Massage Parlor
1220 N. Charles Street Book Store
1222 N. Charles Street Massage Parlor
1301 N. Charles Street Novelty Store, Photo Studio
138 W. Read Street Massage Parlor
5. Delete Exhibits 2 and 3, dated 2/14/77, from the
Plan and insert in lieu thereof revised Exhibits 2 and 3,
dated 12/6/77.
SEC. 2. And be it further ordained, That it is necessary to
acquire, by purchase or by condemnation for urban renewal
purposes, the fee simple interest or any lesser interest in
and to certain properties or portions thereof, together with
all right, title, interest, and estate that the owner or owners
of said property interests may have in all streets, alleys,
ways or lanes, public or private, both abutting the whole
area described and/or contained within the perimeter of
said area, situate in Baltimore City, Maryland, and de-
scribed as follows :
1 OAQ l\T«-» -fTT"lo>->/3 A TTftYIHA
iuuu nin iuiiu u.a. » nnra
THE PROPERTY FORMERLY KNOWN AS 1203
MARYLAND AVENUE, NOW KNOWN AS THE REAR
PORTION OF 36 W. BIDDLE STREET
1205 Maryland Avenue
1207 Maryland Avenue
1209-1223 Maryland Avenue
1 OAO T\/T^v.f^y> QfvAAf
XBvB AV-HJj. vvii %*} VI. x^w v
1204 Morton Street
1206 Morton Street
ORDINANCES 49
138-148 W. Mount Royal Avenue
12 E. Preston Street
14 E. Preston Street
32 E. Preston Street
34 E. Preston Street
Sec. 3. And be it further oradined, That the Real Estate
Acquisition Division of the Department of the Comptroller,
or such person or persons and in such manner as the Board
of Estimates, in the exercise of the power vested in it by
Article V, Section 5, of the Baltimore City Charter, may
hereafter from time to time designate, is or are authorized
to acquire on behalf of the Mayor and City Council of Balti-
more and for the purposes described in this ordinance, the
fee simple interest or any lesser interest in and to the
properties or portions thereof hereinabove mentioned. If
the said Real Estate Acquisition Division of the Department
of the Comptroller, or such person or persons, and in such
manner as the Board of Estimates in the exercise of the
power vested in it by Article V, Section 5, of the Baltimore
City Charter, may hereafter from time to time designate,
is or are unable to agree with the owner or owners on the
purchase price for said properties or portions thereof, it
or they shall forthwith notify the City Solicitor of Baltimore
City, who shall thereupon institute in the name of the Mayor
and City Council of Baltimore the necessary legal proceed-
ings to acquire by condemnation the fee simple interest or
any lesser interest in and to said properties or portions
thereof.
Sec. 4. And be it further ordained, That in whatever
respect, if any, the amended Renewal Plan approved hereby
for the Mid-Town Belvedere Urban Renewal Area may not
meet the requirements as to the content of a Renewal Plan
or the procedures for the preparation, adoption, and ap-
proval of Renewal Plans, as provided in Ordinance No. 152
approved June 28, 1968, and Ordinance No. 325 approved
May 31, 1977, the said requirements are hereby waived and
the amended Renewal Plan approved hereby is exempted
therefrom.
Sec. 5. And be it further ordained, That in the event it
be judicially determined that any word, phrase, clause,
50 ORDINANCES Ord. No. 615
sentence, paragraph, section or part in or of this ordinance
or the application thereof to any person or circumstances
is invalid, the remaining provisions and the application of
such provisions to other persons or circumstances shall
not be affected thereby, the Mayor and City Council hereby
declaring that they would have ordained the remaining pro-
visions of this ordinance without the word, phrase, clause,
sentence, paragraph, section or part or the application
thereof so held invalid.
Sec. 6. And be it further ordained, That in any case where
a provision of this ordinance concerns the same subject
matter as an existing provision of any zoning, building,
electrical, plumbing, health, fire or safety ordinance or code
or regulation, the applicable provisions concerned shall be
construed so as to give effect to each; provided, however,
that, if such provisions are found to be in irreconcilable
conflict, the provision which establishes the higher standard
for the promotion of the public health and safety shall
prevail. In any case where a provision of this ordinance is
found to be in conflict with an existing provision of any
other ordinance or code or regulation in force in the City
of Baltimore which establishes a lower standard for the
promotion and protection of the public health and safety,
the provision of this ordinance shall prevail, and the other
existing provision of such other ordinance or code or
regulation is hereby repealed to the extent that it may be
found in conflict with this ordinance.
Sec. 7. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved February 8, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
ORDINANCES 51
No. 616
(Council No. 950)
An Ordinance to amend Sheet No. 15 of the Zoning District
Maps of Article 30 of the Baltimore City Code (1966
Edition), title "Zoning", (Ordinance No. 1051, approved
April 20, 1971) by changing from the B-l-1 Zoning Dis-
trict to the R-l Zoning District the property on the west
side of Lawndale Avenue, north of Windhurst WYND-
HURST Avenue as outlined in red on the plats accom-
panying this ordinance.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That Sheet No. 15 of the Zoning District
Maps of Article 30 of the Baltimore City Code (1966 Edi-
tion), title "Zoning", (Ordinance No. 1051, approved April
20, 1971) be and it is hereby amended by changing from
the B-l-1 Zoning District to the R-l Zoning District the
property on the West Side of Lawndale Avenue, North of
Windhurst WYNDHURST Avenue as outlined in red on
the plats accompanying this ordinance.
Sec. 2. And be it further ordained, That upon passage of
this ordinance by the City Council, as evidence of the
authenticity of the plat which is a part hereof and in order
to give notice to the departments which are administering
the Zoning Ordinance, the President of the City Council
shall sign the plat and, when the Mayor approves the ordi-
nance he shall sign the plat. The City Treasurer shall then
transmit a copy of the ordinance and one of the plats to the
following: The Board of Municipal and Zoning Appeals,
the Planning Commission, the Commissioner of the Depart-
ment of Housing and Community Development, the Com-
missioner of Transit and Traffic and the Zoning Admin-
istrator.
Sec. 3. And be it further ordained, That this ordinance
shall take effect thirty days from the date of its passage.
Approved February 10, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
52 ORDINANCES Ord. No. 617
No. 617
(Council No. 951)
An Ordinance granting permission to Wyndhurst Prop-
erties, Inc. for the establishment, maintenance and oper-
ation of a ground level open area for the parking of
motor vehicles in the R-l District on the property located
on the west side of Lawndale Avenue and generally
known as 5010 Lawndale Avenue, as outlined in red on
the plats accompanying this ordinance, under the provi-
sions of Sections 4.1-2d and 11.0-6d of Article 30 of the
Baltimore City Code (1966 Edition), title "Zoning Ordi-
nance," (Ordinance 1051, approved April 20, 1971).
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That permission be and the same is hereby
granted to Wyndhurst Properties, Inc. for the establish-
ment, maintenance and operation of a ground level open
area for the parking of motor vehicles in the R-l District
on the property located on the West side of Lawndale Avenue
and generally known as 5010 Lawndale Avenue, as outlined
in red on the plats accompanying this ordinance, under
the provisions of Sections 4.1-2d and 11.0-6d of Article 30
of the Baltimore City Code (1966 Edition), title "Zoning
Ordinance," (Ordinance 1051, approved April 20, 1971).
SEC. 2. AND BE IT FURTHER ORDAINED, THAT
NO PARKING SHALL BE PERMITTED ON THIS PROP-
ERTY UNTIL A DEVELOPMENT PLAN HAS BEEN
APPROVED BY THE PLANNING COMMISSION AND
A BUILDING PERMIT OBTAINED.
Sec. 2 3. And be it further ordained, That upon passage
of this ordinance by the City Council, as evidence of the
authenticity of the plat which is a part hereof and in order
to give notice to the departments which are administering
the Zoning Ordinance, the President of the City Council
shall sign the plat and, when the Mayor approves the ordi-
nance he shall sign the plat. The City Treasurer shall then
transmit a copy of the ordinance and one of the plats to
the following: The Board of Municipal and Zoning Appeals,
the Planning Commission, the Commissioner of the Depart-
ment of Housing and Community Development, the Com-
ORDINANCES 53
missioner of Transit and Traffic and the Zoning Admin-
istrator.
Sec. 3 4. And be it further ordained, That this ordinance
shall take effect thirty days from the date of its passage.
Approved February 10, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 618
(Council No. 1050)
An Ordinance to authorize the use of the properties on the
north side of West North Avenue, west of Druid Hill
Avenue, known as 1322 to 1328 West North Avenue, as
outlined in red on the plats accompanying this ordi-
nance, for an open air off-street parking facility in the
B-2-3 District, pursuant to Section 6.2-1 d of Article 30
of the Baltimore City Code (1966 Edition), title "The
Zoning Ordinance of Baltimore City" (Ordinance No.
1051) approved April 20, 1971.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the properties on the North side of
West North Avenue, West of Druid Hill Avenue, known as
1322 to 1328 West North Avenue, as outlined in red on the
plats accompanying this ordinance, be and they are hereby
authorized for use as an open air off-street parking facil-
ity in the B-2-3 District, pursuant to Section 6.2-ld of
Article 30 of the Baltimore City Code (1966 Edition), title
"The Zoning Ordinance of Baltimore City" (Ordinance No.
1051) approved April 20, 1971.
Sec. 2. And be it further ordained, That upon passage
of this ordinance by the City Council, as evidence of the
authenticity of the plat which is a part hereof and in order
to give notice to the departments which are administering
the Zoning Ordinance, the President of the City Council
shall sign the plat, and when the Mayor approves the ordi-
54 ORDINANCES Ord. No. 619
nance, he shall sign the plat. The City Treasurer shall then
transmit a copy of the ordinance and one of the plats to
the following: the Board of Municipal and Zoning Appeals,
the Planning Commission, the Commissioner of the De-
partment of Housing and Community Development, the
Commissioner of Transit and Traffic, and the Zoning Ad-
ministrator.
Sec. 3. And be it further ordained, That this ordinance
shall take effect thirty days from the date of its passage.
Approved February 10, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 619
(Council No. 1290)
An Ordinance to repeal and reordain, with amendments,
Sections 104C and 104D of Article 1 of the Baltimore
City Code (1966 Edition), title, "Mayor, City Council,
and Municipal Agencies," subtitle, "Self-Insurance Pro-
gram," amending the terms of the "Liability Reserve
Fund" for the System of Self -insurance of the City and
the Procedures with respect to the use of the "Liability
Reserve Fund."
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That Sections 104C and 104D of Article 1
of the Baltimore City Code (1966 Edition), title, "Mayor,
City Council, and Municipal Agencies," subtitle, "Self-
insurance Program," as ordained by Ordinance No. 332,
approved May 17, 1973, and as amended by Ordinance No.
492, approved August 16, 1977, be and they are hereby
repealed and reordained, with amendments, to read as
follows :
104C.
The Comptroller is hereby authorized and directed to
create a fund to be known as the "Liability Reserve Fund"
ORDINANCES 55
for which purpose there shall be appropriated annually
the sum of not less than One Hundred Thousand Dollars
($100,000.00), said sum to be provided for annually in the
Ordinance of Estimates for each year beginning with the
Ordinance of Estimates for the fiscal year 1974. The ap-
propriation to the Liability Reserve Fund shall continue
until the accumulations therefrom, together with the earn-
ings of the same, and the balance from the Self-insurance
Fund as hereinafter provided, less such expenditures or
disbursements therefrom as may be made, shall amount to
£the sum of One Million Dollars ($1,000,000) . At such time
that the Liability Reserve Fund has accumulated One Mil-
lion Dollars ($1,000,000), then the annual appropriation
shall cease ; however, if said reserve fund shall subsequently
become less than One Million Dollars ($1,000,000), then
in such event the Ordinance of Estimates for the ensuing
fiscal year shall appropriate such sum of money necessary
to obtain the reserve of One Million Dollars ($1,000,000),
provided said annual appropriation shall not exceed One
Hundred Thousand Dollars ($100,000).! such sum in ex-
cess of One Million Dollars ($1,000,000) but not more than
Two Million Five Hundred Thousand Dollars ($2,500,000)
as established and determined by the Board of Estimates.
The appropriation so made and any other sums to be paid
to the fund shall be turned over by the Comptroller to the
Commissioners of Finance of the Mayor and City Council
of Baltimore to be held and invested by the Commissioners
of Finance as hereinafter provided.
104D.
The "Liability Reserve Fund" shall be used to pay any
sums that the Mayor and City Council of Baltimore may
be liable for pursuant to its Self-insurance Program only
after the sums provided for in Section 104B of this act have
been expended[.J or encumbered.
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved February 10, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
56 ORDINANCES Ord. No. 620
No. 620
(Council No. 1306)
An Ordinance to repeal and reordain with amendments Sec-
tion 11.0-6c-l of Article 30 of the Baltimore City Code
(1966 Edition), title "The Zoning Ordinance of Baltimore
City", subtitle "Administration and Enforcement", as
ordained by Ordinance 1051, approved April 20, 1971,
requiring a statement to accompany the introduction of
bills granting permission for a conditional use.
SECTION 1. Be it ordained by the Mayor and City Council
of Baltimore, That Section 11.0-6c-l of Article 30 of the
Baltimore City Code (1966 Edition), title "The Zoning
Ordinance of Baltimore City", Subtitle "Administration and
Enforcement", as ordained by Ordinance 1051, approved
April 20, 1971, be and it is hereby repealed and reordained
with amendments to read as follows :
11.0-6
c. Action by the City Council
1. Each ordinance which proposes amendment relating
to specific properties or grants permission for a conditional
use shall, upon its introduction, be accompanied by a written
statement of the changes sought and a description of the
intended uses. Such statement shall not be incorporated in
the ordinance but shall be filed with it for the purpose of
informing the City Council, the referral agencies and the
public. Such statement shall include, but need not be limited
to, date of purchase of the property and title reference,
existence of any contract contingent on zoning change and
the names and addresses of such parties to the contract, and
the names of all principals for whom the requesting party
may be acting as agent including the names of majority
stockholders of any corporation named.
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved February 10, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
ORDINANCES 57
No. 621
(Council No. 1333)
An Ordinance providing for a Supplementary Special Fund
Appropriation in the amount of One Hundred Forty-three
Thousand Seven Hundred Thirty-nine Dollars ($143,739)
to the Department of Recreation and Parks to be used
for pruning, innoculating, spraying, and replacing trees
to combat Dutch Elm Disease, in accordance with the
provisions of Article VI, Section 2(h) (3) of the Baltimore
City Charter (1964 Revision).
Whereas, the money appropriated herein represents rev-
enues produced by interest on investments of funds received
under the Intergovernmental Antirecession Assistance Act
of 1977 in excess of the revenues estimated and relied upon
by the Board of Estimates in determining the tax levy
required to balance the budget for the 1978 fiscal year and
are therefor available for appropriation to the Department
of Recreation and Parks pursuant to the provisions of
Article VI, Section 2(h) of the Baltimore City Charter
(1964 Revision) ; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
30th day of November, 1977, all in accordance with Article
VI, Section 2(h)(3) of the 1964 revised Charter of Balti-
more City.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI, Sec-
tion 2(h)(3) of the 1964 revision of the Charter of Balti-
more City, the sum of One Hundred Forty-three Thousand
Seven Hundred Thirty-nine Dollars ($143,739) shall be
made available to the Department of Recreation and Parks
of the City of Baltimore as a supplementary special fund
appropriation for the fiscal year ending June 30, 1978 for
the purpose of pruning, innoculating, spraying, and replac-
ing trees to combat Dutch Elm Disease. The amount thus
made available as a supplementary special fund appropria-
58 ORDINANCES Ord. No. 622
tion shall be expended from revenue derived from interest
on investments of funds received under the Intergovern-
mental Antirecession Assistance Act of 1977 in excess of
the amount from this source which was estimated or relied
upon by the Board of Estimates in determining the tax
levy required to balance the budget for the 1978 fiscal year;
and said funds shall be the source of revenue for this sup-
plementary special fund appropriation, as required by
Article VI, Section 2 of the 1964 revised Charter of Balti-
more City.
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved February 10, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 622
(Council No. 1334)
An Ordinance providing for a Supplementary Special Fund
Appropriation in the amount of Three Hundred Thousand
Dollars ($300,000) to the Department of Recreation and
Parks to be used for Redeveloping the Baltimore City
Zoo, in accordance with the provisions of Article VI,
Section 2(h)(2) of the Baltimore City Charter (1964
Revision).
Whereas, the money appropriated herein represents a
grant from a public source which could not be expected
with reasonable certainty at the time of the formulation
of the 1977-1978 Ordinance of Estimates ; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
28th day of September, 1977, all in accordance with Article
VI, Section 2(h)(2) of the 1964 revised Charter of Balti-
more City.
ORDINANCES 59
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2(h)(2) of the 1964 revision of the Charter of
Baltimore City, the sum of Three Hundred Thousand Dol-
lars ($300,000) shall be made available to the Department
of Recreation and Parks of the City of Baltimore as a
supplementary special fund appropriation for the fiscal year
ending June 30, 1978 for the purpose of redeveloping the
Baltimore City Zoo. The amount thus made available as a
supplementary special fund appropriation shall be expended
from a grant of funds to the Mayor and City Council of
Baltimore by the State of Maryland under the State Open
Space Program, said sum being made available to the
Mayor and City Council of Baltimore for the aforesaid pur-
pose; and said funds from the State of Maryland shall be
the source of revenue for this supplementary special fund
appropriation, as required by Article VI, Section 2(h)(2)
of the 1964 revised Charter of Baltimore City.
Sec. 2. And be it further ordained. That this ordinance
shall take effect from the date of its passage.
Approved February 10, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 623
(Council No. 1335)
An Ordinance providing for a supplementary special fund
appropriation in the amount of Thirty-Five Thousand
Dollars ($35,000) to the Community Relations Commis-
sion to be used for testing methods by which to institute
and implement new intake, rapid processing and backlog
procedures, in accordance with the provisions of Article
VI, Section 2(h)(2) of the Baltimore City Charter
(1964 Revision).
Whereas, the money appropriated herein represents a
grant from a public source which could not be expected with
60
ORDINANCES
Ord. No. 623
reasonable certainty at the time of the formulation of the
fiscal 1978 Ordinance of Estimates; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
23rd day of November, 1977, all in accordance with Article
VI, Section 2(h) (2) of the 1964 revised Charter of Balti-
more City.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2(h) (2) of the 1964 revision of the Charter of Bal-
timore City, the sum of Thirty-five Thousand Dollars
($35,000) shall be made available to the Community Rela-
tions Commission of the City of Baltimore as a supple-
mentary special fund appropriation for the fiscal year end-
ing June 30, 1978 for the purpose of testing methods by
which to institute and implement new intake, rapid pro-
cessing and backlog procedures. The amount thus made
available as a supplementary special fund appropriation
shall be expended from a grant of funds to the Mayor and
City Council of Baltimore by the Federal Equal Employ-
ment Opportunity Commission, said sum being allotted to
the Mayor and City Council of Baltimore for the aforesaid
purpose; and said funds from said Federal Equal Employ-
ment Opportunity Commission shall be the source of revenue
for this supplementary special fund appropriation, as re-
quired by Article VI, Section 2(h) (2) of the 1964 revised
Charter of Baltimore City.
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved February 10, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
ORDINANCES 61
No. 624
(Council No. 1355)
An Ordinance providing for a supplementary special fund
appropriation in the amount of Four Thousand Two Hun-
dred Twenty-five Dollars ($4,225) to the Civic Center
Commission to be used for paying for Negotiated Salary
and Wage Increases and Longevity Increments, in ac-
cordance with the provisions of Article VI, Section 2-
(h)(2) of the Baltimore City Charter (1964 Revision).
Whereas, the money appropriated herein represents a
grant from a governmental source which could not be
expected with reasonable certainty at the time of the
formulation of the fiscal 1978 Ordinance of Estimates; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
18th day of January, 1978, all in accordance with Article
VI, Section 2(h)(2) of the 1964 revised Charter of
Baltimore City.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2(h)(2) of the 1964 revision of the Charter of
Baltimore City, the sum of Four Thousand Two Hundred
Twenty-five Dollars ($4,225) shall be made available to
the Civic Center Commission of the City of Baltimore as
a supplementary special fund appropriation for the fiscal
year ending June 30, 1978 for the purpose of paying for
Negotiated Salary and Wage Increases and Longevity In-
crements. The amount thus made available as a supple-
mentary special fund appropriation shall be expended from
a grant of funds to the Mayor and City Council of Baltimore
by the Federal Government under the Intergovernmental
Antirecession Assistance Act of 1977, said sum being
allotted to the Mayor and City Council of Baltimore for
the aforesaid purpose; and said funds from said Federal
Government shall be the source of revenue for this
supplementary special fund appropriation, as required by
Article VI, Section 2(h) of the 1964 revised Charter of
Baltimore City.
62 ORDINANCES Ord. No. 625
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved February 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 625
(Council No. 1356)
An Ordinance providing for a supplementary special fund
appropriation in the amount of Seven Thousand Ninety-
one Dollars ($7,091) to the Civil Service Commission to
be used for paying for Negotiated Salary and Wage In-
creases and Longevity Increments, in accordance with
the provisions of Article VI, Section 2(h)(2) of the
Baltimore City Charter (1964 Revision).
Whereas, the money appropriated herein represents a
grant from a governmental source which could not be
expected with reasonable certainty at the time of the
formulation of the fiscal 1978 Ordinance of Estimates ; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
18th day of January, 1978, all in accordance with Article
VI, Section 2(h)(2) of the 1964 revised Charter of
Baltimore City.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2(h) (2) of the 1964 revision of the Charter of
Baltimore City, the sum of Seven Thousand Ninety-one Dol-
lars ($7,091) shall be made available to the Civil Service
Commission of the City of Baltimore as a supplementary
special fund appropriation for the fiscal year ending June
30, 1978 for the purpose of paying for Negotiated Salary
and Wage Increases and Longevity Increments. The amount
thus made available as a supplementary special fund ap-
ORDINANCES 63
propriation shall be expended from a grant of funds to
the Mayor and City Council of Baltimore by the Federal
Government under the Intergovernmental Antirecession
Assistance Act of 1977, said sum being allotted to the
Mayor and City Council of Baltimore for the aforesaid
purpose; and said funds from said Federal Government
shall be the source of revenue for this supplementary special
fund appropriation, as required by Article VI, Section 2(h)
of the 1964 revised Charter of Baltimore City.
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved February 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 626
(Council No. 1357)
An Ordinance providing for a supplementary special fund
appropriation in the amount of Seventy-seven Thousand
Forty-three Dollars ($77,043) to the Community College
of Baltimore to be used for paying for Negotiated Salary
and Wage Increases and Longevity Increments, in accord-
ance with the provisions of Article VI, Section 2(h)(2)
of the Baltimore City Charter (1964 Revision).
Whereas, the money appropriated herein represents a
grant from a governmental source which could not be
expected with reasonable certainty at the time of the
formulation of the fiscal 1978 Ordinance of Estimates ; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
18th day of January, 1978, all in accordance with Article
VI, Section 2(h)(2) of the 1964 revised Charter of
Baltimore City.
64 ORDINANCES Ord. No. 627
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2(h)(2) of the 1964 revision of the Charter of
Baltimore City, the sum of Seventy-seven Thousand Forty-
three Dollars ($77,043) shall be made available to the
Community College of Baltimore of the City of Baltimore
as a supplementary special fund appropriation for the
fiscal year ending June 30, 1978 for the purpose of paying
for Negotiated Salary and Wage Increases and Longevity
Increments. The amount thus made available as a supple-
mentary special fund appropriation shall be expended from
a grant of funds to the Mayor and City Council of Baltimore
by the Federal Government under the Intergovernmental
Antirecession Assistance Act of 1977, said sum being al-
lotted to the Mayor and City Council of Baltimore for the
aforesaid purpose; and said funds from said Federal Gov-
ernment shall be the source of revenue for this supple-
mentary special fund appropriation, as required by Article
VI, Section 2(h) of the 1964 revised Charter of Baltimore
City.
Provided that said sum of Seventy-seven Thousand Forty-
three Dollars ($77,043) shall be appropriated as follows:
Program 430, Administration of College $ 7,649
Program 431, Instruction $55,526
Program 432, Operational Plant Maintenance $ 6,943
Program 433, Student Services $ 6,925
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved February 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 627
(Council No. 1358)
An Ordinance providing for a supplementary special fund
appropriation in the amount of Four Thousand Sixty-
ORDINANCES 65
three Dollars ($4,063) to the Community Relations Com-
mission to be used for paying for Negotiated Salary and
Wage Increases and Longevity Increments, in accordance
with the provisions of Article VI, Section 2(h) (2) of the
Baltimore City Charter (1964 Revision).
Whereas, the money appropriated herein represents a
grant from a governmental source which could not be
expected with reasonable certainty at the time of the
formulation of the fiscal 1978 Ordinance of Estimates ; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
18th day of January, 1978, all in accordance with Article
VI, Section 2(h)(2) of the 1964 revised Charter of
Baltimore City.
Section 1. Beit ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2(h)(2) of the 1964 revision of the Charter of
Baltimore City, the sum of Four Thousand Sixty-three
Dollars ($4,063) shall be made available to the Community
Relations Commission of the City of Baltimore as a supple-
mentary special fund appropriation for the fiscal year
ending June 30, 1978 for the purpose of paying for Nego-
tiated Salary and Wage Increases and Longevity Incre-
ments. The amount thus made available as a supplementary
special fund appropriation shall be expended from a grant
of funds to the Mayor and City Council of Baltimore by
the Federal Government under the Intergovernmental An-
tirecession Assistance Act of 1977, said sum being allotted
to the Mayor and City Council of Baltimore for the afore-
said purpose ; and said funds from said Federal Government
shall be the source of revenue for this supplementary
special fund appropriation, as required by Article VI,
Section 2(h) of the 1964 revised Charter of Baltimore City.
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved February 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
66 ORDINANCES Ord. No. 628
No. 628
(Council No. 1359)
An Ordinance providing for a supplementary special fund
appropriation in the amount of Eighteen Thousand Nine
Hundred Eleven Dollars ($18,911) to the Department
of Comptroller to be used for paying for Negotiated
Salary and Wage Increases and Longevity Increments,
in accordance with the provisions of Article VI, Section
2(h)(2) of the Baltimore City Charter (1964 Revision).
Whereas, the money appropriated herein represents a
grant from a governmental source which could not be
expected with reasonable certainty at the time of the
formulation of the fiscal 1978 Ordinance of Estimates ; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
18th day of January, 1978, all in accordance with Article
VI, Section 2(h)(2) of the 1964 revised Charter of
Baltimore City.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2(h) (2) of the 1964 revision of the Charter otf
Baltimore City, the sum of Eighteen Thousand Nine Hun-
dred Eleven Dollars ($18,911) shall be made available to
the Department of Comptroller of the City of Baltimore as
a supplementary special fund appropriation for the fiscal
year ending June 30, 1978 for the purpose of paying for
Negotiated Salary and Wage Increases and Longevity In-
crements. The amount thus made available as a supple-
mentary special fund appropriation shall be expended from
a grant of funds to the Mayor and City Council of Baltimore
by the Federal Government under the Intergovernmental
Antirecession Assistance Act of 1977, said sum being al-
lotted to the Mayor and City Council of Baltimore for the
aforesaid purpose; and said funds from said Federal Gov-
ernment shall be the source of revenue for this supple-
mentary special fund appropriation, as required by Article
VI, Section 2(h) of the 1964 revised Charter of Baltimore
City.
ORDINANCES 67
Provided that said sum of Eighteen Thousand Nine Hun-
dred Eleven Dollars ($18,911) shall be appropriated as
follows :
Program 130, Executive Direction and
Control $ 594
Program 131, Audits $7,694
Program 132, Real Estate
Acquisition and Management $2,132
Program 135, Insurance on City Facilities .... $ 201
Program 536, Markets and
Harbor Administration $8,290
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved February 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 629
(Council No. 1360)
An Ordinance providing for a supplementary special fund
appropriation in the amount of One Thousand Three
Hundred Seventy-five Dollars ($1,375) to the City Coun-
cil to be used for paying for Negotiated Salary and Wage
Increases and Longevity Increments, in accordance with
the provisions of Article VI, Section 2(h)(2) of the
Baltimore City Charter (1964 Revision).
Whereas, the money appropriated herein represents a
grant from a governmental source which could not be
expected with reasonable certainty at the time of the
formulation of the fiscal 1978 Ordinance of Estimates; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
68 ORDINANCES Ord. No. 630
18th day of January, 1978, all in accordance with Article
VI, Section 2(h)(2) of the 1964 revised Charter of
Baltimore City.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2(h)(2) of the 1964 revision of the Charter of
Baltimore City, the sum of One Thousand Three Hundred
Seventy-five Dollars ($1,375) shall be made available to
the City Council of the City of Baltimore as a supple-
mentary special fund appropriation for the fiscal year
ending June 30, 1978 for the purpose of paying for Nego-
tiated Salary and Wage Increases and Longevity Incre-
ments. The amount thus made available as a supplementary
special fund appropriation shall be expended from a grant
of funds to the Mayor and City Council of Baltimore by
the Federal Government under the Intergovernmental An-
tirecession Assistance Act of 1977, said sum being allotted
to the Mayor and City Council of Baltimore for the afore-
said purpose ; and said funds from said Federal Government
shall be the source of revenue for this supplementary
special fund appropriation, as required by Article VI,
Section 2(h) of the 1964 revised Charter of Baltimore City.
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved February 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 630
(Council No. 1361)
An Ordinance providing for a supplementary special fund
appropriation in the amount of One Thousand Twelve
Dollars ($1,012) to the City Council Office of Financial
Review to be used for paying for Negotiated Salary and
Wage Increases and Longevity Increments, in accordance
ORDINANCES 69
with the provisions of Article VI, Section 2(h)(2) of
the Baltimore City Charter (1964 Revision).
Whereas, the money appropriated herein represents a
grant from a governmental source which could not be
expected with reasonable certainty at the time of the
formulation of the fiscal 1978 Ordinance of Estimates ; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
18th day of January, 1978, all in accordance with Article
VI, Section 2(h)(2) of the 1964 revised Charter of
Baltimore City.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2(h)(2) of the 1964 revision of the Charter of
Baltimore City, the sum of One Thousand Twelve Dollars
($1,012) shall be made available to the City Council Office
of Financial Review of the City of Baltimore as a supple-
mentary special fund appropriation for the fiscal year
ending June 30, 1978 for the purpose of paying for Nego-
tiated Salary and Wage Increases and Longevity Incre-
ments. The amount thus made available as a supplementary
special fund appropriation shall be expended from a grant
of funds to the Mayor and City Council of Baltimore by
the Federal Government under the Intergovernmental Anti-
recession Assistance Act of 1977, said sum being allotted
to the Mayor and City Council of Baltimore for the afore-
said purpose; and said funds from said Federal Govern-
ment shall be the source of revenue for this supplementary
special fund appropriation, as required by Article VI, Sec-
tion 2(h) of the 1964 revised Charter of Baltimore City.
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved February 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
70 ORDINANCES Ord. No. 631
No. 631
(Council No. 1362)
An Ordinance providing for a supplementary special fund
appropriation in the amount of Twenty-one Thousand
Seven Hundred Fifty-six Dollars ($21,756) to the Su-
preme Bench of Baltimore City to be used for paying
for Negotiated Salary and Wage Increases and Longevity
Increments, in accordance with the provisions of Article
VI, Section 2(h) (2) of the Baltimore City Charter (1964
Revision).
Whereas, the money appropriated herein represents a
grant from a governmental source which could not be
expected with reasonable certainty at the time of the
formulation of the fiscal 1978 Ordinance of Estimates ; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
18th day of January, 1978, all in accordance with Article
VI, Section 2(h)(2) of the 1964 revised Charter of
Baltimore City.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2(h)(2) of the 1964 revision of the Charter of
Baltimore City, the sum of Twenty-one Thousand Seven
Hundred Fifty-six Dollars ($21,756) shall be made avail-
able to the Supreme Bench of the City of Baltimore as a
supplementary special fund appropriation for the fiscal
year ending June 30, 1978 for the purpose of paying for
Negotiated Salary and Wage Increases and Longevity In-
crements. The amount thus made available as a supple-
mentary special fund appropriation shall be expended from
a grant of funds to the Mayor and City Council of Balti-
more by the Federal Government under the Intergovern-
mental Antirecession Assistance Act of 1977, said sum
being allotted to the Mayor and City Council of Baltimore
for the aforesaid purpose ; and said funds from said Federal
Government shall be the source of revenue for this supple-
mentary special fund appropriation, as required by Article
ORDINANCES 71
VI, Section 2(h) of the 1964 revised Charter of Baltimore
City.
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved February 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 632
(Council No. 1363)
An Ordinance providing for a supplementary special fund
appropriation in the amount of One Hundred Fifty Dol-
lars ($150) to the Orphans' Court of Baltimore City to
be used for paying for negotiated Salary and Wage In-
creases and Longevity Increments, in accordance with
the provisions of Article VI, Section 2(h)(2) of the
Baltimore City Charter (1964 Revision).
Whereas, the money appropriated herein represents a
grant from a governmental source which could not be
expected with reasonable certainty at the time of the
formulation of the fiscal 1978 Ordinance of Estimates ; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
18th day of January, 1978, all in accordance with Article
VI, Section 2(h)(2) of the 1964 revised Charter of
Baltimore City.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2(h)(2) of the 1964 revision of the Charter of
Baltimore City, the sum of One Hundred Fifty Dollars
($150) shall be made available to the Orphans' Court of
the City of Baltimore as a supplementary special fund
appropriation for the fiscal year ending June 30, 1978 for
72 ORDINANCES Ord. No. 633
the purpose of paying for Negotiated Salary and Wage
Increases and Longevity Increments. The amount thus
made available as a supplementary special fund appropria-
tion shall be expended from a grant of funds to the Mayor
and City Council of Baltimore by the Federal Government
under the Intergovernmental Antirecession Assistance Act
of 1977, said sum being allotted to the Mayor and City
Council of Baltimore for the aforesaid purpose; and said
funds from said Federal Government shall be the source
of revenue for this supplementary special fund appropria-
tion, as required by Article VI, Section 2(h) of the 1964
revised Charter of Baltimore City.
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved February 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 633
(Council No. 1364)
An Ordinance providing for a supplementary special fund
appropriation in the amount of Seventeen Thousand
Seven Hundred Ninety-six Dollars ($17,796) to the
State's Attorney for Baltimore City to be used for paying
for Negotiated Salary and Wage Increases and Longevity
Increments, in accordance with the provisions of Article
VI, Section 2(h) (2) of the Baltimore City Charter (1964
Revision).
Whereas, the money appropriated herein represents a
grant from a governmental source which could not be
expected with reasonable certainty at the time of the
formulation of the fiscal 1978 Ordinance of Estimates ; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
ORDINANCES 73
18th day of January, 1978, all in accordance with Article
VI, Section 2(h)(2) of the 1964 revised Charter of
Baltimore City.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2(h) (2) of the 1964 revision of the Charter of
Baltimore City, the sum of Seventeen Thousand Seven
Hundred Ninety-six Dollars ($17,796) shall be made avail-
able to the State's Attorney of the City of Baltimore as a
supplementary special fund appropriation for the fiscal
year ending June 30, 1978 for the purpose of paying for
Negotiated Salary and Wage Increases and Longevity In-
crements. The amount thus made available as a supple-
mentary special fund appropriation shall be expended from
a grant of funds to the Mayor and City Council of Balti-
more by the Federal Government under the Intergovern-
mental Antirecession Assistance Act of 1977, said sum
being allotted to the Mayor and City Council of Baltimore
for the aforesaid purpose ; and said funds from said Federal
Government shall be the source of revenue for this supple-
mentary special fund appropriation, as required by Article
VI, Section 2(h) of the 1964 revised Charter of Baltimore
City.
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved February 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 634
(Council No. 1365)
An Ordinance providing for a supplementary special fund
appropriation in the amount of Seven Hundred Eighty-
nine Dollars ($789) to the Office of Disaster Control and
Civil Defense to be used for paying for Negotiated Salary
and Wage Increases and Longevity Increments, in ac-
74 ORDINANCES Ord. No. 634
cordance with the provisions of Article VI, Section 2-
(h)(2) of the Baltimore City Charter (1964 Revision).
Whereas, the money appropriated herein represents a
grant from a governmental source which could not be
expected with reasonable certainty at the time of the
formulation of the fiscal 1978 Ordinance of Estimates ; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
18th day of January, 1978, all in accordance with Article
VI, Section 2(h)(2) of the 1964 revised Charter of
Baltimore City.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2(h)(2) of the 1964 revision of the Charter of
Baltimore City, the sum of Seven Hundred Eighty-nine
Dollars ($789) shall be made available to the Office of
Disaster Control and Civil Defense of the City of Baltimore
as a supplementary special fund appropriation for the fiscal
year ending June 30, 1978 for the purpose of paying for
Negotiated Salary and Wage Increases and Longevity In-
crements. The amount thus made available as a supple-
mentary special fund appropriation shall be expended from
a grant of funds to the Mayor and City Council of Balti-
more by the Federal Government under the Intergovern-
mental Antirecession Assistance Act of 1977, said sum being
allotted to the Mayor and City Council of Baltimore for
the aforesaid purpose; and said funds from said Federal
Government shall be the source of revenue for this supple-
mentary special fund appropriation, as required by Article
VI, Section 2(h) of the 1964 revised Charter of Baltimore
City.
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved February 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
ORDINANCES 75
No. 635
(Council No. 1366)
An Ordinance providing for a supplementary special fund
appropriation in the amount of One Million Three Hun-
dred Fourteen Thousand Eight Hundred Fifteen Dollars
($1,314,815) to the Department of Education to be used
for paying for Negotiated Salary and Wage Increases
and Longevity Increments, in accordance with the pro-
visions of Article VI, Section 2(h)(2) of the Baltimore
City Charter (1964 Revision).
Whereas, the money appropriated herein represents a
grant from a governmental source which could not be
expected with reasonable certainty at the time of the
formulation of the fiscal 1978 Ordinance of Estimates ; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
18th day of January, 1978, all in accordance with Article
VI, Section 2(h)(2) of the 1964 revised Charter of
Baltimore City.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2(h)(2) of the 1964 revision of the Charter of
Baltimore City, the sum of One Million Three Hundred
Fourteen Thousand Eight Hundred Fifteen Dollars
($1,314,815) shall be made available to the Department of
Education of the City of Baltimore as a supplementary
special fund appropriation for the fiscal year ending June
30, 1978 for the purpose of paying for Negotiated Salary
and Wage Increases and Longevity Increments. The amount
thus made available as a supplementary special fund ap-
propriation shall be expended from a grant of funds to
the Mayor and City Council of Baltimore by the Federal
Government under the Intergovernmental Antirecession
Assistance Act of 1977, said sum being allotted to the
Mayor and City Council of Baltimore for the aforesaid
purpose; and said funds from said Federal Government
shall be the source of revenue for this supplementary special
76 ORDINANCES Ord. No. 636
fund appropriation, as required by Article VI, Section 2(h)
of the 1964 revised Charter of Baltimore City.
Provided that said sum of One Million Three Hundred
Fourteen Thousand Eight Hundred Fifteen Dollars
($1,314,815) shall be appropriated as follows:
Program 400, Administrative
Direction and Control $ 49,560
Program 401, Instructional Services $853,210
Program 402, Pupil Personnel Services $ 55,318
Program 404, Plant Operation Services $166,997
Program 405, Plant Maintenance Services .. $ 30,240
Program 407, Student Body Services $ 29
Program 411, Educational Services for
Exceptional Children $159,461
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved February 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 636
(Council No. 1367)
An Ordinance providing for a supplementary special fund
appropriation in the amount of Two Thousand Fifty-five
Dollars ($2,055) to the Boards of Trustees of Employees
Retirement Systems to be used for paying for Negotiated
Salary and Wage Increases and Longevity Increments,
in accordance with the provisions of Article VI, Section
2(h)(2) of the Baltimore City Charter (1964 Revision).
Whereas, the money appropriated herein represents a
grant from a governmental source which could not be
expected with reasonable certainty at the time of the
formulation of the fiscal 1978 Ordinance of Estimates ; and
ORDINANCES 77
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
18th day of January, 1978, all in accordance with Article
VI, Section 2(h)(2) of the 1964 revised Charter of
Baltimore City.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2(h)(2) of the 1964 revision of the Charter of
Baltimore City, the sum of Two Thousand Fifty-five Dollars
($2,055) shall be made available to the Boards of Trustees
of Employees Retirement System of the City of Baltimore
as a supplementary special fund appropriation for the
fiscal year ending June 30, 1978 for the purpose of paying
for Negotiated Salary and Wage Increases and Longevity
Increments. The amount thus made available as a supple-
mentary special fund appropriation shall be expended from
a grant of funds to the Mayor and City Council of Balti-
more by the Federal Government under the Intergovern-
mental Antirecession Assistance Act of 1977, said sum
being allotted to the Mayor and City Council of Baltimore
for the aforesaid purpose ; and said funds from said Federal
Government shall be the source of revenue for this supple-
mentary special fund appropriation, as required by Article
VI, Section 2(h) of the 1964 revised Charter of Baltimore
City.
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved February 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 637
(Council No. 1368)
An Ordinance providing for a supplementary special fund
appropriation in the amount of Sixty-eight Thousand
78 ORDINANCES Ord. No. 637
Four Hundred Thirty-three Dollars ($68,433) to the
Department of Finance to be used for paying for Nego-
tiated Salary and Wage Increases and Longevity Incre-
ments, in accordance with the provisions of Article VI,
Section 2(h)(2) of the Baltimore City Charter (1964
Revision).
Whereas, the money appropriated herein represents a
grant from a governmental source which could not be
expected with reasonable certainty at the time of the
formulation of the fiscal 1978 Ordinance of Estimates; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
18th day of January, 1978, all in accordance with Article
VI, Section 2(h)(2) of the 1964 revised Charter of
Baltimore City.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2(h)(2) of the 1964 revision of the Charter of
Baltimore City, the sum of Sixty-eight Thousand Four
Hundred Thirty-three Dollars ($68,433) shall be made
available to the Department of Finance of the City of
Baltimore as a supplementary special fund appropriation
for the fiscal year ending June 30, 1978 for the purpose of
paying for Negotiated Salary and Wage Increases and
Longevity Increments. The amount thus made available as
a supplementary special fund appropriation shall be ex-
pended from a grant of funds to the Mayor and City Council
of Baltimore by the Federal Government under the Inter-
governmental Antirecession Assistance Act of 1977, said
sum being allotted to the Mayor and City Council of Balti-
more for the aforesaid purpose; and said funds from said
Federal Government shall be the source of revenue for this
supplementary special fund appropriation, as required by
Article VI, Section 2(h) of the 1964 revised Charter of
Baltimore City.
Provided that said sum of Sixty-eight Thousand Four
Hundred Thirty-three Dollars ($68,433) shall be appro-
priated as follows :
ORDINANCES 79
Program 140, Administrative
Direction and Control $ 697
Program 141, Budget and
Management Research $ 5,758
Program 142, Accounting Systems
and Operations $13,736
Program 143, Collections and Receipts $10,143
Program 144, Purchasing $ 6,714
Program 145, Warehousing $17,011
Program 147, Management
Information Services $14,374
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved February 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 638
(Council No. 1369)
An Ordinance providing for a supplementary special fund
appropriation in the amount of Three Hundred Ten Thou-
sand Six Hundred Forty-one Dollars ($310,641) to the
Fire Department to be used for paying for Negotiated
Salary and Wage Increases and Longevity Increments,
in accordance with the provisions of Article VI, Section
2(h)(2) of the Baltimore City Charter (1964 Revision).
Whereas, the money appropriated herein represents a
grant from a governmental source which could not be
expected with reasonable certainty at the time of the
formulation of the fiscal 1978 Ordinance of Estimates ; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
80 ORDINANCES Ord. No. 638
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
18th day of January, 1978, all in accordance with Article
VI, Section 2(h)(2) of the 1964 revised Charter of
Baltimore City.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2(h)(2) of the 1964 revision of the Charter of
Baltimore City, the sum of Three Hundred Ten Thousand
Six Hundred Forty-one Dollars ($310,641) shall be made
available to the Fire Department of the City of Baltimore
as a supplementary special fund appropriation for the fiscal
year ending June 30, 1978 for the purpose of paying for
Negotiated Salary and Wage Increases and Longevity In-
crements. The amount thus made available as a supple-
mentary special fund appropriation shall be expended from
a grant of funds to the Mayor and City Council of Balti-
more by the Federal Government under the Intergovern-
mental Antirecession Assistance Act of 1977, said sum
being allotted to the Mayor and City Council of Baltimore
for the aforesaid purpose ; and said funds from said Federal
Government shall be the source of revenue for this supple-
mentary special fund appropriation, as required by Article
VI, Section 2(h) of the 1964 revised Charter of Baltimore
City.
Provided that said sum of Three Hundred Ten Thousand
Six Hundred Forty-one Dollars ($310,641) shall be appro-
priated as follows:
Program 210, Administrative
Direction and Control $ 5,887
Program 211, Training $ 3,033
Program 212, Fire Suppression $281,840
Program 213, Fire Prevention $ 6,195
Program 215, Fire Alarm
and Communications $ 9,308
Program 217, Equipment Maintenance $ 4,378
ORDINANCES 81
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved February 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 639
(Council No. 1370)
An Ordinance providing for a supplementary special fund
appropriation in the amount of Eighty-nine Thousand
Nine Hundred Eighty-one Dollars ($89,981) to the De-
partment of Health to be used for paying for Negotiated
Salary and Wage Increases and Longevity Increments,
in accordance with the provisions of Article VI, Section
2(h)(2) of the Baltimore City Charter (1964 Revision).
Whereas, the money appropriated herein represents a
grant from a governmental source which could not be
expected with reasonable certainty at the time of the
formulation of the fiscal 1978 Ordinance of Estimates ; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
18th day of January, 1978, all in accordance with Article
VI, Section 2(h)(2) of the 1964 revised Charter of
Baltimore City.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2(h)(2) of the 1964 revision of the Charter of
Baltimore City, the sum of Eighty-nine Thousand Nine
Hundred Eighty-one Dollars ($89,981) shall be made avail-
able to the Department of Health of the City of Baltimore
as a supplementary special fund appropriation for the
fiscal year ending June 30, 1978 for the purpose of paying
for Negotiated Salary and Wage Increases and Longevity
Increments. The amount thus made available as a supple-
82 ORDINANCES Ord. No. 639
mentary special fund appropriation shall be expended from
a grant of funds to the Mayor and City Council of Balti-
more by the Federal Government under the Intergovern-
mental Antirecession Assistance Act of 1977, said sum being
allotted to the Mayor and City Council of Baltimore for the
aforesaid purpose; and said funds from said Federal Gov-
ernment shall be the source of revenue for this supple-
mentary special fund appropriation, as required by Article
VI, Section 2(h) of the 1964 revised Charter of Baltimore
City.
Provided that said sum of Eighty-nine Thousand Nine
Hundred Eighty-one Dollars ($89,981) shall be appropri-
ated as follows:
Program 240, Animal Control $ 3,072
Program 300, Administrative
Direction and Control $25,723
Program 302, Environmental Health $15,037
Program 304, Adult Health Services $ 8,741
Program 305, Maternal and Infant Services .. $ 744
Program 306, General Nursing Services $23,193
Program 307, Mental Health Services $ 3,110
Program 308, Children and Youth Services .. $ 4,859
Program 311, Health Services
for the Aging $ 5,502
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved February 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
ORDINANCES 83
No. 640
(Council No. 1371)
An Ordinance providing for a supplementary special fund
appropriation in the amount of One Hundred Seventy-
two Dollars ($172) to the Commission for Historical and
Architectural Preservation to be used for paying for
Negotiated Salary and Wage Increases and Longevity
Increments, in accordance with the provisions of Article
VI, Section 2(h) (2) of the Baltimore City Charter (1964
Revision).
Whereas, the money appropriated herein represents a
grant from a governmental source which could not be
expected with reasonable certainty at the time of the
formulation of the fiscal 1978 Ordinance of Estimates ; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
18th day of January, 1978, all in accordance with Article
VI, Section 2(h)(2) of the 1964 revised Charter of
Baltimore City.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2(h)(2) of the 1964 revision of the Charter of
Baltimore City, the sum of One Hundred Seventy-two Dol-
lars ($172) shall be made available to the Commission for
Historical and Architectural Preservation of the City of
Baltimore as a supplementary special fund appropriation
for the fiscal year ending June 30, 1978 for the purpose of
paying for Negotiated Salary and Wage Increases and
Longevity Increments. The amount thus made available as
a supplementary special fund appropriation shall be ex-
pended from a grant of funds to the Mayor and City Council
of Baltimore by the Federal Government under the Inter-
governmental Antirecession Assistance Act of 1977, said
sum being allotted to the Mayor and City Council of Balti-
more for the aforesaid purpose; and said funds from said
Federal Government shall be the source of revenue for this
supplementary special fund appropriation, as required by
84 ORDINANCES Ord. No. 641
Article VI, Section 2(h) of the 1964 revised Charter of
Baltimore City.
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved February 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 641
(Council No. 1372)
An Ordinance providing for a supplementary special fund
appropriation in the amount of One Hundred Thirty-
seven Thousand Three Hundred Ninety-four Dollars
($137,394) to the Department of Hospitals to be used for
paying for Negotiated Salary and Wage Increases and
Longevity Increments, in accordance with the provisions
of Article VI, Section 2(h)(2) of the Baltimore City
Charter (1964 Revision).
Whereas, the money appropriated herein represents a
grant from a governmental source which could not be
expected with reasonable certainty at the time of the
formulation of the fiscal 1978 Ordinance of Estimates ; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
18th day of January, 1978, all in accordance with Article
VI, Section 2(h)(2) of the 1964 revised Charter of
Baltimore City.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2(h)(2) of the 1964 revision of the Charter of
Baltimore City, the sum of One Hundred Thirty-seven Thou-
sand Three Hundred Ninety-four Dollars ($137,394) shall
be made available to the Department of Hospitals of the
ORDINANCES 85
City of Baltimore as a supplementary special fund appro-
priation for the fiscal year ending June 30, 1978 for the
purpose of paying for Negotiated Salary and Wage In-
creases and Longevity Increments. The amount thus made
available as a supplementary special fund appropriation
shall be expended from a grant of funds to the Mayor and
City Council of Baltimore by the Federal Government under
the Intergovernmental Antirecession Assistance Act of 1977,
said sum being allotted to the Mayor and City Council of
Baltimore for the aforesaid purpose; and said funds from
said Federal Government shall be the source of revenue for
this supplementary special fund appropriation, as required
by Article VI, Section 2(h) of the 1964 revised Charter of
Baltimore City.
Provided that said sum of One Hundred Thirty-seven
Thousand Three Hundred Ninety-four Dollars ($137,394)
shall be appropriated as follows:
Program 335, Administrative Services $ 3,526
Program 336, Fiscal Services $ 9,238
Program 337, General Services $ 23,203
Program 339, Nursing Services $ 43,294
Program 340, Professional Care of Patients $(40,646)
Program 341, Outpatient Care $ 9,957
Program 342, Diagnostic Services $ 49,101
Program 345, Paramedical Services $ 26,295
Program 347, Long Term Care $ 13,426
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved February 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
86 ORDINANCES Ord. No. 642
No. 642
(Council No. 1373)
An Ordinance providing for a supplementary special fund
appropriation in the amount of Sixty Thousand Five Hun-
dred Thirty-nine Dollars ($60,539) to the Department of
Housing and Community Development to be used for
paying for Negotiated Salary and Wage Increases and
Longevity Increments, in accordance with the provisions
of Article VI, Section 2(h)(2) of the Baltimore City
Charter (1964 Revision).
Whereas, the money appropriated herein represents a
grant from a governmental source which could not be
expected with reasonable certainty at the time of the
formulation of the fiscal 1978 Ordinance of Estimates; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
18th day of January, 1978, all in accordance with Article
VI, Section 2(h)(2) of the 1964 revised Charter of
Baltimore City.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2(h)(2) of the 1964 revision of the Charter of
Baltimore City, the sum of Sixty Thousand Five Hundred
Thirty-nine Dollars ($60,539) shall be made available to
the Department of Housing and Community Development
of the City of Baltimore as a supplementary special fund
appropriation for the fiscal year ending June 30, 1978 for
the purpose of paying for Negotiated Salary and Wage
Increases and Longevity Increments. The amount thus made
available as a supplementary special fund appropriation
shall be expended from a grant of funds to the Mayor and
City Council of Baltimore by the Federal Government under
the Intergovernmental Antirecession Assistance Act of
1977, said sum being allotted to the Mayor and City Council
of Baltimore for the aforesaid purpose ; and said funds from
said Federal Government shall be the source of revenue
for this supplementary special fund appropriation, as re-
ORDINANCES 87
quired by Article VI, Section 2(h) of the 1964 revised
Charter of Baltimore City.
Provided that said sum of Sixty Thousand Five Hundred
Thirty-nine Dollars ($60,539) shall be appropriated as
follows:
Program 177, Administrative
Direction and Control $ 4,191
Program 260, Construction and
Building Inspection $18,266
Program 581, Planning $ 5,186
Program 582, Land Development $ 2,980
Program 583, Neighborhood Development .... $29,277
Program 585, Economic Development $ 639
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved February 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 643
(Council No. 1374)
An Ordinance providing for a supplementary special fund
appropriation in the amount of Forty-one Thousand One
Hundred Seven Dollars ($41,107) to the Jail Board to
be used for paying for Negotiated Salary and Wage In-
creases and Longevity Increments, in accordance with
the provisions of Article VI, Section 2(h)(2) of the
Baltimore City Charter (1964 Revision).
Whereas, the money appropriated herein represents a
grant from a governmental source which could not be
expected with reasonable certainty at the time of the
formulation of the fiscal 1978 Ordinance of Estimates ; and
88 ORDINANCES Ord. No. 644
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
18th day of January, 1978, all in accordance with Article
VI, Section 2(h)(2) of the 1964 revised Charter of
Baltimore City.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2(h)(2) of the 1964 revision of the Charter of
Baltimore City, the sum of Forty-one Thousand One Hun-
dred Seven Dollars ($41,107) shall be made available to the
Jail Board of the City of Baltimore as a supplementary
special fund appropriation for the fiscal year ending June
30, 1978 for the purpose of paying for Negotiated Salary
and Wage Increases and Longevity Increments. The amount
thus made available as a supplementary special fund appro-
priation shall be expended from a grant of funds to the
Mayor and City Council of Baltimore by the Federal Gov-
ernment under the Intergovernmental Antirecession As-
sistance Act of 1977, said sum being allotted to the Mayor
and City Council of Baltimore for the aforesaid purpose;
and said funds from said Federal Government shall be the
source of revenue for this supplementary special fund
appropriation, as required by Article VI, Section 2(h) of
the 1964 revised Charter of Baltimore City.
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved February 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 644
(Council No. 1375)
An Ordinance providing for a supplementary special fund
appropriation in the amount of Sixteen Thousand Three
Hundred Forty Dollars (§16,340) to the Department of
ORDINANCES 89
Law to be used for paying for Negotiated Salary and
Wage Increases and Longevity Increments, in accordance
with the provisions of Article VI, Section 2(h) (2) of the
Baltimore City Charter (1964 Revision).
Whereas, the money appropriated herein represents a
grant from a governmental source which could not be
expected with reasonable certainty at the time of the
formulation of the fiscal 1978 Ordinance of Estimates ; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
18th day of January, 1978, all in accordance with Article
VI, Section 2(h)(2) of the 1964 revised Charter of
Baltimore City.
Section I. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2(h)(2) of the 1964 revision of the Charter of
Baltimore City, the sum of Sixteen Thousand Three Hun-
dred Forty Dollars ($16,340) shall be made available to
the Department of Law of the City of Baltimore as a
supplementary special fund appropriation for the fiscal year
ending June 30, 1978 for the purpose of paying for Nego-
tiated Salary and Wage Increases and Longevity Incre-
ments. The amount thus made available as a supplementary
special fund appropriation shall be expended from a grant
of funds to the Mayor and City Council of Baltimore by the
Federal Government under the Intergovernmental Anti-
recession Assistance Act of 1977, said sum being allotted
to the Mayor and City Council of Baltimore for the afore-
said purpose; and said funds from said Federal Govern-
ment shall be the source of revenue for this supplementary
special fund appropriation, as required by Article VI,
Section 2(h) of the 1964 revised Charter of Baltimore City.
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved February 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
90 ORDINANCES Ord. No. 645
No. 645
(Council No. 1376)
An Ordinance providing for a supplementary special fund
appropriation in the amount of Two Hundred Seventy-
four Dollars ($274) to the Off -Street Parking Commission
to be used for paying for Negotiated Salary and Wage
Increases and Longevity Increments, in accordance with
the provisions of Article VI, Section 2(h)(2) of the
Baltimore City Charter (1964 Revision).
Whereas, the money appropriated herein represents a
grant from a governmental source which could not be
expected with reasonable certainty at the time of the
formulation of the fiscal 1978 Ordinance of Estimates ; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
18th day of January, 1978, all in accordance with Article
VI, Section 2(h)(2) of the 1964 revised Charter of
Baltimore City.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2(h)(2) of the 1964 revision of the Charter of
Baltimore City, the sum of Two Hundred Seventy-four
Dollars ($274) shall be made available to the Off -Street
Parking Commission of the City of Baltimore as a supple-
mentary special fund appropriation for the fiscal year end-
ing June 30, 1978 for the purpose of paying for Negotiated
Salary and Wage Increases and Longevity Increments. The
amount thus made available as a supplementary special
fund appropriation shall be expended from a grant of funds
to the Mayor and City Council of Baltimore by the Federal
Government under the Intergovernmental Antirecession
Assistance Act of 1977, said sum being allotted to the Mayor
and City Council of Baltimore for the aforesaid purpose;
and said funds from said Federal Government shall be the
source of revenue for this supplementary special fund
appropriation, as required by Article VI, Section 2(h) of
the 1964 revised Charter of Baltimore City.
ORDINANCES 91
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved February 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 646
(Council No. 1377)
An Ordinance providing for a supplementary special fund
appropriation in the amount of Seven Hundred Five Dol-
lars ($705) to the Board of Trustees of the Municipal
Museum to be used for paying for Negotiated Salary and
Wage Increases and Longevity Increments, in accordance
with the provisions of Article VI, Section 2(h)(2) of
the Baltimore City Charter (1964 Revision).
Whereas, the money appropriated herein represents a
grant from a governmental source which could not be
expected with reasonable certainty at the time of the
formulation of the fiscal 1978 Ordinance of Estimates ; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
18th day of January, 1978, all in accordance with Article
VI, Section 2(h)(2) of the 1964 revised Charter of
Baltimore City.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2(h)(2) of the 1964 revision of the Charter of
Baltimore City, the sum of Seven Hundred Five Dollars
($705) shall be made available to the Board of Trustees
of the Municipal Museum of the City of Baltimore as a
supplementary special fund appropriation for the fiscal
year ending June 30, 1978 for the purpose of paying for
Negotiated Salary and Wage Increases and Longevity In-
crements. The amount thus made available as a supple-
92 ORDINANCES Ord. No. 647
mentary special fund appropriation shall be expended from
a grant of funds to the Mayor and City Council of Balti-
more by the Federal Government under the Intergovern-
mental Antirecession Assistance Act of 1977, said sum be-
ing allotted to the Mayor and City Council of Baltimore
for the aforesaid purpose ; and said funds from said Federal
Government shall be the source of revenue for this supple-
mentary special fund appropriation, as required by Article
VI, Section 2(h) of the 1964 revised Charter of Baltimore
City.
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved February 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 647
(Council No. 1378)
An Ordinance providing for a supplementary special fund
appropriation in the amount of Two Thousand Eight
Hundred Sixty-two Dollars ($2,862) to the Department
of Post Mortem Examiners to be used for paying for
Negotiated Salary and Wage Increases and Longevity
Increments, in accordance with the provisions of Article
VI, Section 2(h) (2) of the Baltimore City Charter (1964
Revision).
Whereas, the money appropriated herein represents a
grant from a governmental source which could not be
expected with reasonable certainty at the time of the
formulation of the fiscal 1978 Ordinance of Estimates; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
18th day of January, 1978, all in accordance with Article
ORDINANCES 93
VI, Section 2(h)(2) of the 1964 revised Charter of
Baltimore City.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2(h)(2) of the 1964 revision of the Charter of
Baltimore City, the sum of Two Thousand Eight Hundred
Sixty-two Dollars ($2,862) shall be made available to the
Department of Post Mortem Examiners of the City of
Baltimore as a supplementary special fund appropriation
for the fiscal year ending June 30, 1978 for the purpose of
paying for Negotiated Salary and Wage Increases and
Longevity Increments. The amount thus made available
as a supplementary special fund appropriation shall be
expended from a grant of funds to the Mayor and City
Council of Baltimore by the Federal Government under the
Intergovernmental Antirecession Assistance Act of 1977,
said sum being allotted to the Mayor and City Council of
Baltimore for the aforesaid purpose; and said funds from
said Federal Government shall be the source of revenue
for this supplementary special fund appropriation, as re-
quired by Article VI, Section 2(h) of the 1964 revised
Charter of Baltimore City.
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved February 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 648
(Council No. 1379)
An Ordinance providing for a supplementary special fund
appropriation in the amount of Three Hundred Fifty-two
Thousand One Hundred Seventy-nine Dollars ($352,179)
to the Department of Public Works to be used for paying
for Negotiated Salary and Wage Increases and Longevity
Increments, in accordance with the provisions of Article
94 ORDINANCES Ord. No. 648
VI, Section 2(h) (2) of the Baltimore City Charter (1964
Revision).
Whereas, the money appropriated herein represents a
grant from a governmental source which could not be
expected with reasonable certainty at the time of the
formulation of the fiscal 1978 Ordinance of Estimates ; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
18th day of January, 1978, all in accordance with Article
VI, Section 2(h)(2) of the 1964 revised Charter of
Baltimore City.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2(h)(2) of the 1964 revision of the Charter of
Baltimore City, the sum of Three Hundred Fifty-two Thou-
sand One Hundred Seventy-nine Dollars ($352,179) shall
be made available to the Department of Public Works of
the City of Baltimore as a supplementary special fund
appropriation for the fiscal year ending June 30, 1978 for
the purpose of paying for Negotiated Salary and Wage
Increases and Longevity Increments. The amount thus made
available as a supplementary special fund appropriation
shall be expended from a grant of funds to the Mayor and
City Council of Baltimore by the Federal Government
under the Intergovernmental Antirecession Assistance Act
of 1977, said sum being allotted to the Mayor and City
Council of Baltimore for the aforesaid purpose; and said
funds from said Federal Government shall be the source
of revenue for this supplementary special fund appropria-
tion, as required by Article VI, Section 2(h) of the 1964
revised Charter of Baltimore City.
Provided that said sum of Three Hundred Fifty-two
Thousand One Hundred Seventy-nine Dollars ($352,179)
shall be appropriated as follows:
Program 190, Administrative
Direction and Control $ 6,349
Program 191, Survey Control $12,218
ORDINANCES 95
Program 193, Public Building Management .. $28,492
Program 195, Abandoned Vehicles $ 4,539
Program 196, Special Services $ 9,489
Program 198, Engineering
Administration and Support $12,020
Program 241, Materials, Weights
and Measures Testing $ 5,251
Program 500, Street Lighting $ 6,779
Program 501, Public Streets,
Bridges and Highways $31,890
Program 512, Engineering Design $ 4,588
Program 515, Refuse Collection $89,655
Program 516, Refuse Disposal $10,679
Program 518, Maintenance and
Repair of Storm Water System $ 7,494
Program 544, Maintenance and
Repair of Sanitary System $18,551
Program 546, Water Distribution,
Water Meters and Invest $33,011
Program 548, Conduits $ 5,238
Program 550, Waste Water
Treatment and Pumping $30,793
Program 552, Water Supply
Treatment and Pumping $22,995
Program 561, Consumer Services $12,148
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved February 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
96 ORDINANCES Ord. No. 649
No. 649
(Council No. 1380)
An Ordinance providing for a supplementary special fund
appropriation in the amount of One Hundred Thirteen
Thousand six Hundred Sixty-two Dollars ($113,662) to
the Department of Recreation and Parks to be used for
paying for Negotiated Salary and Wage Increases and
Longevity Increments, in accordance with the provisions
of Article VI, Section 2(h)(2) of the Baltimore City
Charter (1964 Revision).
Whereas , the money appropriated herein represents a
grant from a governmental source which could not be
expected with reasonable certainty at the time of the
formulation of the fiscal 1978 Ordinance of Estimates ; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
18th day of January, 1978, all in accordance with Article
VI, Section 2(h)(2) of the 1964 revised Charter of
Baltimore City.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2(h)(2) of the 1964 revision of the Charter of
Baltimore City, the sum of One Hundred Thirteen Thou-
sand Six Hundred Sixty-two Dollars ($113,662) shall be
made available to the Department of Recreation and Parks
of the City of Baltimore as a supplementary special fund
appropriation for the fiscal year ending June 30, 1978 for
the purpose of paying for Negotiated Salary and Wage
Increases and Longevity Increments. The amount thus made
available as a supplementary special fund appropriation
shall be expended from a grant of funds to the Mayor and
City Council of Baltimore by the Federal Government
under the Intergovernmental Antirecession Assistance Act
of 1977, said sum being allotted to the Mayor and City
Council of Baltimore for the aforesaid purpose; and said
funds from said Federal Government shall be the source
of revenue for this supplementary special fund appropria-
ORDINANCES 97
tion, as required by Article VI, Section 2(h) of the 1964
revised Charter of Baltimore City.
Provided that said sum of One Hundred Thirteen Thou-
sand Six Hundred Sixty-two Dollars ($113,662) shall be
appropriated as follows:
Program 471, Administrative
Direction and Control $ 1,692
Program 473, Municipal Concerts
and Other Musical Events $ 143
Program 478, General Park Services $48,375
Program 479, Special Park Facilities $14,491
Program 480, Regular Recreational Services $46,182
Program 505, Street Trees $ 2,779
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved February 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 650
(Council No. 1381)
An Ordinance providing for a supplementary special fund
appropriation in the amount of Twenty-three Thousand
Seven Hundred Forty-nine Dollars ($23,749) to the De-
partment of Transit and Traffic to be used for paying for
Negotiated Salary and Wage Increases and Longevity
Increments, in accordance with the provisions of Article
VI, Section 2(h) (2) of the Baltimore City Charter (1964
Revision).
Whereas, the money appropriated herein represents a
grant from a governmental source which could not be
expected with reasonable certainty at the time of the
formulation of the fiscal 1978 Ordinance of Estimates; and
$8 ORDINANCES Ord. No. 650
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
18th day of January, 1978, all in accordance with Article
VI, Section 2(h)(2) of the 1964 revised Charter of
Baltimore City.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2(h)(2) of the 1964 revision of the Charter of
Baltimore City, the sum of Twenty-three Thousand Seven
Hundred Forty-nine Dollars ($23,749) shall be made avail-
able to the Department of Transit and Traffic of the City
of Baltimore as a supplementary special fund appropria-
tion for the fiscal year ending June 30, 1978 for the purpose
of paying for Negotiated Salary and Wage Increases and
Longevity Increments. The amount thus made available as
a supplementary special fund appropriation shall be ex-
pended from a grant of funds to the Mayor and City
Council of Baltimore by the Federal Government under the
Intergovernmental Antirecession Assistance Act of 1977,
said sum being allotted to the Mayor and City Council of
Baltimore for the aforesaid purpose; and said funds from
said Federal Government shall be the source of revenue
for this supplementary special fund appropriation, as re-
quired by Article VI, Section 2(h) of the 1964 revised
Charter of Baltimore City.
Provided that said sum of Twenty-three Thousand Seven
Hundred Forty-nine Dollars ($23,749) shall be appropri-
ated as follows :
Program 230, Administrative
Direction and Control $3,634
Program 231, Traffic Planning
and Engineering $4,877
Program 232, Metered Parking Control $2,094
Program 233, Traffic Signs and
Street Markings $4,993
Program 234, Construction and
Maintenance of Traffic Signals $8,151
ORDINANCES 99
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved February 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 651
(Council No. 1382)
An Ordinance providing for a supplementary special fund
appropriation in the amount of One Thousand Two Hun-
dred Forty Dollars ($1,240) to the Department of the
Treasurer to be used for paying for Negotiated Salary
and Wage Increases and Longevity Increments, in ac-
cordance with the provisions of Article VI, Section 2-
(h)(2) of the Baltimore City Charter (1964 Revision).
Whereas, the money appropriated herein represents a
grant from a governmental source which could not be
expected with reasonable certainty at the time of the
formulation of the fiscal 1978 Ordinance of Estimates ; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
18th day of January, 1978, all in accordance with Article
VI, Section 2(h)(2) of the 1964 revised Charter of
Baltimore City.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2(h)(2) of the 1964 revision of the Charter of
Baltimore City, the sum of One Thousand Two Hundred
Forty Dollars ($1,240) shall be made available to the De-
partment of the Treasurer of the City of Baltimore as a
supplementary special fund appropriation for the fiscal year
ending June 30, 1978 for the purpose of paying for Nego-
tiated Salary and Wage Increases and Longevity Incre-
ments. The amount thus made available as a supplementary
100 ORDINANCES Ord. No. 652
special fund appropriation shall be expended from a grant
of funds to the Mayor and City Council of Baltimore by
the Federal Government under the Intergovernmental Anti-
recession Assistance Act of 1977, said sum being allotted
to the Mayor and City Council of Baltimore for the afore-
said purpose ; and said funds from said Federal Government
shall be the source of revenue for this supplementary special
fund appropriation, as required by Article VI, Section 2(h)
of the 1964 revised Charter of Baltimore City.
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved February 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 652
(Council No. 1383)
An Ordinance providing for a supplementary special fund
appropriation in the amount of Three Thousand Six Hun-
dred One Dollars ($3,601) to the Urban Services Agency
to be used for paying for Negotiated Salary and Wage
Increases and Longevity Increments, in accordance with
the provisions of Article VI, Section 2(h)(2) of the
Baltimore City Charter (1964 Revision).
Whereas, the money appropriated herein represents a
grant from a governmental source which could not be
expected with reasonable certainty at the time of the
formulation of the fiscal 1978 Ordinance of Estimates; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
18th day of January, 1978, all in accordance with Article
VI, Section 2(h)(2) of the 1964 revised Charter of
Baltimore City.
ORDINANCES 101
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2(h)(2) of the 1964 revision of the Charter of
Baltimore City, the sum of Three Thousand Six Hundred
One Dollars ($3,601) shall be made available to the Urban
Services Agency of the City of Baltimore as a supple-
mentary special fund appropriation for the fiscal year end-
ing June 30, 1978 for the purpose of paying for Negotiated
Salary and Wage Increases and Longevity Increments. The
amount thus made available as a supplementary special
fund appropriation shall be expended from a grant of
funds to the Mayor and City Council of Baltimore by the
Federal Government under the Intergovernmental Anti-
recession Assistance Act of 1977, said sum being allotted
to the Mayor and City Council of Baltimore for the afore-
said purpose; and said funds from said Federal Govern-
ment shall be the source of revenue for this supplementary
special fund appropriation, as required by Article VI, Sec-
tion 2(h) of the 1964 revised Charter of Baltimore City.
Provided that said sum of Three Thousand Six Hundred
One Dollars ($3,601) shall be appropriated as follows:
Program 119, Community
Center Administration $2,320
Program 171, Administration $1,281
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved February 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 653
(Council No. 1384)
An Ordinance providing for a supplementary special fund
appropriation in the amount of Four Hundred Ninety-
nine Dollars ($499) to the War Memorial Commission
102 ORDINANCES Ord. No. 653
to be used for paying for Negotiated Salary and Wage
Increases and Longevity Increments, in accordance with
the provisions of Article VI, Section 2(h)(2) of the
Baltimore City Charter (1964 Revision).
Whereas, the money appropriated herein represents a
grant from a governmental source which could not be
expected with reasonable certainty at the time of the
formulation of the fiscal 1978 Ordinance of Estimates; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
18th day of January, 1978, all in accordance with Article
VI, Section 2(h)(2) of the 1964 revised Charter of
Baltimore City.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2(h)(2) of the 1964 revision of the Charter of
Baltimore City, the sum of Four Hundred Ninety-nine Dol-
lars ($499) shall be made available to the War Memorial
Commission of the City of Baltimore as a supplementary
special fund appropriation for the fiscal year ending June
30, 1978 for the purpose of paying for Negotiated Salary
and Wage Increases and Longevity Increments. The amount
thus made available as a supplementary special fund appro-
priation shall be expended from a grant of funds to the
Mayor and City Council of Baltimore by the Federal Gov-
ernment under the Intergovernmental Antirecession As-
sistance Act of 1977, said sum being allotted to the Mayor
and City Council of Baltimore for the aforesaid purpose;
and said funds from said Federal Government shall be the
source of revenue for this supplementary special fund
appropriation, as required by Article VI, Section 2(h) of
the 1964 revised Charter of Baltimore City.
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved February 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
ORDINANCES 103
No. 654
(Council No. 1385)
An Ordinance providing for a supplementary special fund
appropriation in the amount of One Hundred Ninety-six
Dollars ($196) to the Sheriff's Office of Baltimore City
to be used for paying for Negotiated Salary and Wage
Increases and Longevity Increments, in accordance with
the provisions of Article VI, Section 2(h)(2) of the
Baltimore City Charter (1964 Revision).
Whereas, the money appropriated herein represents a
grant from a governmental source which could not be
expected with reasonable certainty at the time of the
formulation of the fiscal 1978 Ordinance of Estimates ; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
18th day of January, 1978, all in accordance with Article
VI, Section 2(h)(2) of the 1964 revised Charter of
Baltimore City.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2(h)(2) of the 1964 revision of the Charter of
Baltimore City, the sum of One Hundred Ninety-six Dollars
($196) shall be made available to the Sheriff's Office of
the City of Baltimore as a supplementary special fund
appropriation for the fiscal year ending June 30, 1978 for
the purpose of paying for Negotiated Salary and Wage
Increases and Longevity Increments. The amount thus made
available as a supplementary special fund appropriation
shall be expended from a grant of funds to the Mayor and
City Council of Baltimore by the Federal Government under
the Intergovernmental Antirecession Assistance Act of
1977, said sum being allotted to the Mayor and City Council
of Baltimore for the aforesaid purpose; and said funds
from said Federal Government shall be the source of rev-
enue for this supplementary special fund appropriation,
as required by Article VI, Section 2(h) of the 1964 revised
Charter of Baltimore City.
104 ORDINANCES Ord. No. 655
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved February 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 655
(Council No. 1386)
An Ordinance providing for a supplementary special fund
appropriation in the amount of Eighty-seven Dollars
($87) to the Board of Supervisors of Elections to be used
for paying for Negotiated Salary and Wage Increases
and Longevity Increments, in accordance with the pro-
visions of Article VI, Section 2(h)(2) of the Baltimore
City Charter (1964 Revision).
Whereas, the money appropriated herein represents a
grant from a governmental source which could not be
expected with reasonable certainty at the time of the
formulation of the fiscal 1978 Ordinance of Estimates ; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
18th day of January, 1978, all in accordance with Article
VI, Section 2(h)(2) of the 1964 revised Charter of
Baltimore City.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2(h)(2) of the 1964 revision of the Charter of
Baltimore City, the sum of Eighty-seven Dollars ($87) shall
be made available to the Board of Supervisors of Elections
of the City of Baltimore as a supplementary special fund
appropriation for the fiscal year ending June 30, 1978 for
the purpose of paying for Negotiated Salary and Wage
Increases and Longevity Increments. The amount thus made
available as a supplementary special fund appropriation
ORDINANCES 105
shall be expended from a grant of funds to the Mayor and
City Council of Baltimore by the Federal Government under
the Intergovernmental Antirecession Assistance Act of
1977, said sum being allotted to the Mayor and City Council
of Baltimore for the aforesaid purpose; and said funds
from said Federal Government shall be the source of rev-
enue for this supplementary special fund appropriation, as
required by Article VI, Section 2(h) of the 1964 revised
Charter of Baltimore City.
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved February 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 656
(Council No. 1387)
An Ordinance providing for a supplementary special fund
appropriation in the amount of One Thousand Two Dol-
lars ($1,002) to the Department of Municipal and Zoning
Appeals to be used for paying for Negotiated Salary and
Wage Increases and Longevity Increments, in accordance
with the provisions of Article VI, Section 2(h)(2) of
the Baltimore City Charter (1964 Revision).
Whereas, the money appropriated herein represents a
grant from a governmental source which could not be
expected with reasonable certainty at the time of the
formulation of the fiscal 1978 Ordinance of Estimates ; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
18th day of January, 1978, all in accordance with Article
VI, Section 2(h)(2) of the 1964 revised Charter of
Baltimore City.
106 ORDINANCES Ord. No. 657
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2(h)(2) of the 1964 revision of the Charter of
Baltimore City, the sum of One Thousand Two Dollars
($1,002) shall be made available to the Department of
Municipal and Zoning Appeals of the City of Baltimore
as a supplementary special fund appropriation for the fiscal
year ending June 30, 1978 for the purpose of paying for
Negotiated Salary and Wage Increases and Longevity In-
crements. The amount thus made available as a supple-
mentary special fund appropriation shall be expended from
a grant of funds to the Mayor and City Council of Balti-
more by the Federal Government under the Intergovern-
mental Antirecession Assistance Act of 1977, said sum
being allotted to the Mayor and City Council of Baltimore
for the aforesaid purpose ; and said funds from said Federal
Government shall be the source of revenue for this supple-
mentary special fund appropriation, as required by Article
VI, Section 2(h) of the 1964 revised Charter of Baltimore
City.
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved February 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 657
(Council No. 1388)
An Ordinance providing for a supplementary special fund
appropriation in the amount of One Thousand Eight Hun-
dred Ninety-six Dollars ($1,896) to the Department of
Legislative Reference to be used for paying for Negoti-
ated Salary and Wage Increases and Longevity Incre-
ments, in accordance with the provisions of Article VI,
Section 2(h)(2) of the Baltimore City Charter (1964
Revision).
Whereas, the money appropriated herein represents a
grant from a governmental source which could not be
ORDINANCES 107
expected with reasonable certainty at the time of the
formulation of the fiscal 1978 Ordinance of Estimates ; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
18th day of January, 1978, all in accordance with Article
VI, Section 2(h)(2) of the 1964 revised Charter of
Baltimore City.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2(h)(2) of the 1964 revision of the Charter of
Baltimore City, the sum of One Thousand Eight Hundred
Ninety-six Dollars ($1,896) shall be made available to the
Department of Legislative Reference of the City of Balti-
more as a supplementary special fund appropriation for
the fiscal year ending June 30, 1978 for the purpose of pay-
ing for Negotiated Salary and Wage Increases and Longev-
ity Increments. The amount thus made available as a supple-
mentary special fund appropriation shall be expended from
a grant of funds to the Mayor and City Council of Balti-
more by the Federal Government under the Intergovern-
mental Antirecession Assistance Act of 1977, said sum
being allotted to the Mayor and City Council of Baltimore
for the aforesaid purpose ; and said funds from said Federal
Government shall be the source of revenue for this supple-
mentary special fund appropriation, as required by Article
VI, Section 2(h) of the 1964 revised Charter of Baltimore
City.
Provided that said sum of One Thousand Eight Hundred
Ninety-six Dollars ($1,896) shall be appropriated as fol-
lows:
Program 106, Legislative Reference Services $ 717
Program 107, Records Management $1,179
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved February 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
108 ORDINANCES Ord. No. 658
No. 658
(Council No. 1389)
An Ordinance providing for a supplementary special fund
appropriation in the amount of Fifty-four Thousand Nine
Hundred Sixty-five Dollars ($54,965) to the Enoch Pratt
Free Library to be used for paying for Negotiated Salary
and Wage Increases and Longevity Increments, in accord-
ance with the provisions of Article VI, Section 2(h)(2)
of the Baltimore City Charter (1964 Revision).
Whereas, the money appropriated herein represents a
grant from a governmental source which could not be
expected with reasonable certainty at the time of the
formulation of the fiscal 1978 Ordinance of Estimates ; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
18th day of January, 1978, all in accordance with Article
VI, Section 2(h)(2) of the 1964 revised Charter of
Baltimore City.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2(h)(2) of the 1964 revision of the Charter of
Baltimore City, the sum of Fifty-four Thousand Nine Hun-
dred Sixty-five Dollars ($54,965) shall be made available
to the Enoch Pratt Free Library of the City of Baltimore
as a supplementary special fund appropriation for the
fiscal year ending June 30, 1978 for the purpose of paying
for Negotiated Salary and Wage Increases and Longevity
Increments. The amount thus made available as a supple-
mentary special fund appropriation shall be expended from
a grant of funds to the Mayor and City Council of Balti-
more by the Federal Government under the Intergovern-
mental Antirecession Assistance Act of 1977, said sum
being allotted to the Mayor and City Council of Baltimore
for the aforesaid purpose ; and said funds from said Federal
Government shall be the source of revenue for this supple-
mentary special fund appropriation, as required by Article
VI, Section 2(h) of the 1964 revised Charter of Baltimore
City.
ORDINANCES 109
Provided that said sum of Fifty-four Thousand Nine Hun-
dred Sixty-five Dollars ($54,965) shall be appropriated as
follows :
Program 450, Administration and
Technical Services $13,081
Program 452, Extension Services $26,024
Program 453, State Library Resource Center $15,860
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved February 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 659
(Council No. 1390)
An Ordinance providing for a supplementary special fund
appropriation in the amount of Three Thousand Seven
Hundred Dollars ($3,700) to the Mayor's Office to be
used for paying for Negotiated Salary and Wage In-
creases and Longevity Increments, in accordance with
the provisions of Article VI, Section 2(h)(2) of the
Baltimore City Charter (1964 Revision).
Whereas, the money appropriated herein represents a
grant from a governmental source which could not be
expected with reasonable certainty at the time of the
formulation of the fiscal 1978 Ordinance of Estimates ; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
18th day of January, 1978, all in accordance with Article
VI, Section 2(h)(2) of the 1964 revised Charter of
Baltimore City.
110 ORDINANCES Ord. No. 660
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2(h)(2) of the 1964 revision of the Charter of
Baltimore City, the sum of Three Thousand Seven Hundred
Dollars ($3,700) shall be made available to the Mayor's
Office of the City of Baltimore as a supplementary special
fund appropriation for the fiscal year ending June 30, 1978
for the purpose of paying for Negotiated Salary and Wage
Increases and Longevity Increments. The amount thus
made available as a supplementary special fund appropria-
tion shall be expended from a grant of funds to the Mayor
and City Council of Baltimore by the Federal Government
under the Intergovernmental Antirecession Assistance Act
of 1977, said sum being allotted to the Mayor and City
Council of Baltimore for the aforesaid purpose; and said
funds from said Federal Government shall be the source
of revenue for this supplementary special fund appropria-
tion, as required by Article VI, Section 2(h) of the 1964
revised Charter of Baltimore City.
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved February 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 660
(Council No. 1391)
An Ordinance providing for a supplementary special fund
appropriation in the amount of One Hundred Seventy-four
Dollars ($174) to the Mayor's Task Force for Liaison
with the General Assembly to be used for paying for
Negotiated Salary and Wage Increases and Longevity In-
crements, in accordance with the provisions of Article
VI, Section 2(h) (2) of the Baltimore City Charter (1964
Revision).
Whereas, the money appropriated herein represents a
grant from a governmental source which could not be
ORDINANCES 111
expected with reasonable certainty at the time of the
formulation of the fiscal 1978 Ordinance of Estimates; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
18th day of January, 1978, all in accordance with Article
VI, Section 2(h)(2) of the 1964 revised Charter of
Baltimore City.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2(h)(2) of the 1964 revision of the Charter of
Baltimore City, the sum of One Hundred Seventy-four Dol-
lars ($174) shall be made available to the Mayor's Task
Force for Liaison with the General Assembly of the City
of Baltimore as a supplementary special fund appropriation
for the fiscal year ending June 30, 1978 for the purpose
of paying for Negotiated Salary and Wage Increases and
Longevity Increments. The amount thus made available as
a supplementary special fund appropriation shall be ex-
pended from a grant of funds to the Mayor and City Council
of Baltimore by the Federal Government under the Inter-
governmental Antirecession Assistance Act of 1977, said
sum being allotted to the Mayor and City Council of Balti-
more for the aforesaid purpose; and said funds from said
Federal Government shall be the source of revenue for this
supplementary special fund appropriation, as required by
Article VI, Section 2(h) of the 1964 revised Charter of
Baltimore City.
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved February 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
112 ORDINANCES Ord. No. 661
No. 661
(Council No. 1392)
An Ordinance providing for a supplementary special fund
appropriation in the amount of Seven Hundred Sixty-
three Dollars ($763) to the Office of the Labor Commis-
sioner to be used for paying for Negotiated Salary and
Wage Increases and Longevity Increments, in accordance
with the provisions of Article VI, Section 2(h) (2) of the
Baltimore City Charter (1964 Revision).
Whereas, the money appropriated herein represents a
grant from a governmental source which could not be
expected with reasonable certainty at the time of the
formulation of the fiscal 1978 Ordinance of Estimates ; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
18th day of January, 1978, all in accordance with Article
VI, Section 2(h)(2) of the 1964 revised Charter of
Baltimore City.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2(h) (2) of the 1964 revision of the Charter of
Baltimore City, the sum of Seven Hundred Sixty-three Dol-
lars ($763) shall be made available to the Office of the
Labor Commissioner of the City of Baltimore as a supple-
mentary special fund appropriation for the fiscal year end-
ing June 30, 1978 for the purpose of paying for Negotiated
Salary and Wage Increases and Longevity Increments. The
amount thus made available as a supplementary special
fund appropriation shall be expended from a grant of funds
to the Mayor and City Council of Baltimore by the Federal
Government under the Intergovernmental Antirecession As-
sistance Act of 1977, said sum being allotted to the Mayor
and City Council of Baltimore for the aforesaid purpose;
and said funds from said Federal Government shall be the
source of revenue for this supplementary special fund ap-
propriation, as required by Article VI, Section 2(h) of the
1964 revised Charter of Baltimore City.
ORDINANCES 113
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved February 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 662
(Council No. 1393)
An Ordinance providing for a supplementary special fund
appropriation in the amount of Two Thousand Seven
Hundred Ninety-one Dollars ($2,791) to the Commission
on Aging and Retirement Education to be used for paying
for Negotiated Salary and Wage Increases and Longevity
Increments, in accordance with the provisions of Article
VI, Section 2(h) (2) of the Baltimore City Charter (1964
Revision).
Whereas, the money appropriated herein represents a
grant from a governmental source which could not be
expected with reasonable certainty at the time of the
formulation of the fiscal 1978 Ordinance of Estimates ; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
18th day of January, 1978, all in accordance with Article
VI, Section 2(h)(2) of the 1964 revised Charter of
Baltimore City.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2(h)(2) of the 1964 revision of the Charter of
Baltimore City, the sum of Two Thousand Seven Hundred
Ninety-one Dollars ($2,791) shall be made available to the
Commission on Aging and Retirement Education of the
City of Baltimore as a supplementary special fund appro-
priation for the fiscal year ending June 30, 1978 for the
purpose of paying for Negotiated Salary and Wage In-
114
ORDINANCES
Ord. No. 663
creases and Longevity Increments. The amount thus made
available as a supplementary special fund appropriation
shall be expended from a grant of funds to the Mayor and
City Council of Baltimore by the Federal Government under
the Intergovernmental Antirecession Assistance Act of
1977, said sum being allotted to the Mayor and City Council
of Baltimore for the aforesaid purpose; and said funds
from said Federal Government shall be the source of rev-
enue for this supplementary special fund appropriation, as
required by Article VI, Section 2(h) of the 1964 revised
Charter of Baltimore City.
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved February 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 663
(Council No. 1394)
An Ordinance providing for a supplementary special fund
appropriation in the amount of Four Hundred Thirty-
two Dollars ($432) to the Mayor's Advisory Committee
on Art and Culture to be used for paying for Negotiated
Salary and Wage Increases and Longevity Increments,
in accordance with the provisions of Article VI, Section
2(h)(2) of the Baltimore City Charter (1964 Revision).
Whereas, the money appropriated herein represents a
grant from a governmental source which could not be
expected with reasonable certainty at the time of the
formulation of the fiscal 1978 Ordinance of Estimates ; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
18th day of January, 1978, all in accordance with Article
VI, Section 2(h)(2) of the 1964 revised Charter of
Baltimore City.
ORDINANCES 115
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2(h)(2) of the 1964 revision of the Charter of
Baltimore City, the sum of Four Hundred Thirty-two Dol-
lars ($432) shall be made available to the Mayor's Advisory
Committee on Art and Culture of the City of Baltimore as
a supplementary special fund appropriation for the fiscal
year ending June 30, 1978 for the purpose of paying for
Negotiated Salary and Wage Increases and Longevity In-
crements. The amount thus made available as a supple-
mentary special fund appropriation shall be expended from
a grant of funds to the Mayor and City Council of Balti-
more by the Federal Government under the Intergovern-
mental Antirecession Assistance Act of 1977, said sum be-
ing allotted to the Mayor and City Council of Baltimore
for the aforesaid purpose ; and said funds from said Federal
Government shall be the source of revenue for this supple-
mentary special fund appropriation, as required by Article
VI, Section 2(h) of the 1964 revised Charter of Baltimore
City.
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved February 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 664
(Council No. 1395)
An Ordinance providing for a supplementary special fund
appropriation in the amount of One Thousand Sixty-two
Dollars ($1,062) to the Office of Telecommunications to
be used for paying for Negotiated Salary and Wage In-
creases and Longevity Increments, in accordance with
the provisions of Article VI, Section 2(h)(2) of the
Baltimore City Charter (1964 Revision).
Whereas, the money appropriated herein represents a
grant from a governmental source which could not be
116 ORDINANCES Ord. No. 664
expected with reasonable certainty at the time of the
formulation of the fiscal 1978 Ordinance of Estimates ; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
18th day of January, 1978, all in accordance with Article
VI, Section 2(h)(2) of the 1964 revised Charter of
Baltimore City.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2(h)(2) of the 1964 revision of the Charter of
Baltimore City, the sum of One Thousand Sixty-two Dollars
($1,062) shall be made available to the Office of Telecom-
munications of the City of Baltimore as a supplementary
special fund appropriation for the fiscal year ending June
30, 1978 for the purpose of paying for Negotiated Salary
and Wage Increases and Longevity Increments. The amount
thus made available as a suplementary special fund appro-
priation shall be expended from a grant of funds to the
Mayor and City Council of Baltimore by the Federal Gov-
ernment under the Intergovernmental Antirecession As-
sistance Act of 1977, said sum being allotted to the Mayor
and City Council of Baltimore for the aforesaid purpose;
and said funds from said Federal Government shall be the
source of revenue for this supplementary special fund ap-
propriation, as required by Article VI, Section 2(h) of the
1964 revised Charter of Baltimore City.
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved February 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
ORDINANCES 117
No. 665
(Council No. 1396)
An Ordinance providing for a supplementary special fund
appropriation in the amount of One Thousand Four Hun-
dred Ninety-four Dollars ($1,494) to the Mayor's Co-
ordinating Council on Criminal Justice to be used for
paying for Negotiated Salary and Wage Increases and
Longevity Increments, in accordance with the provisions
of Article VI, Section 2(h)(2) of the Baltimore City
Charter (1964 Revision).
Whereas, the money appropriated herein represents a
grant from a governmental source which could not be
expected with reasonable certainty at the time of the
formulation of the fiscal 1978 Ordinance of Estimates ; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
18th day of January, 1978, all in accordance with Article
VI, Section 2(h)(2) of the 1964 revised Charter of
Baltimore City.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2(h)(2) of the 1964 revision of the Charter of
Baltimore City, the sum of One Thousand Four Hundred
Ninety-four Dollars ($1,494) shall be made available to
the Mayor's Coordinating Council on Criminal Justice of
the City of Batimore as a supplementary special fund ap-
propriation for the fiscal year ending June 30, 1978 for
the purpose of paying for Negotiated Salary and Wage In-
creases and Longevity Increments. The amount thus made
available as a supplementary special fund appropriation
shall be expended from a grant of funds to the Mayor and
City Council of Baltimore by the Federal Government under
the Intergovernmental Antirecession Assistance Act of
1977, said sum being allotted to the Mayor and City Council
of Baltimore for the aforesaid purpose ; and said funds from
said Federal Government shall be the source of revenue
for this supplementary special fund appropriation, as re-
118 ORDINANCES Ord. No. 666
quired by Article VI, Section 2(h) of the 1964 revised
Charter of Baltimore City.
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved February 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 666
(Council No. 1397)
An Ordinance providing for a supplementary special fund
appropriation in the amount of Two Thousand One Hun-
dred Eighty-five Dollars ($2,185) to the Office of Safety
to be used for paying for Negotiated Salary and Wage
Increases and Longevity Increments, in accordance with
the provisions of Article VI, Section 2(h)(2) of the
Baltimore City Charter (1964 Revision).
Whereas, the money appropriated herein represents a
grant from a governmental source which could not be
expected with reasonable certainty at the time of the
formulation of the fiscal 1978 Ordinance of Estimates ; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
18th day of January, 1978, all in accordance with Article
VI, Section 2(h)(2) of the 1964 revised Charter of
Baltimore City.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2(h)(2) of the 1964 revision of the Charter of
Baltimore City, the sum of Two Thousand One Hundred
Eighty-five Dollars ($2,185) shall be made available to
the Office of Safety of the City of Baltimore as a supple-
mentary special fund appropriation for the fiscal year end-
ORDINANCES 119
ing June 30, 1978 for the purpose of paying for Negotiated
Salary and Wage Increases and Longevity Increments. The
amount thus made available as a supplementary special fund
appropriation shall be expended from a grant of funds to
the Mayor and City Council of Baltimore by the Federal
Government under the Intergovernmental Antirecession
Assistance Act of 1977, said sum being allotted to the Mayor
and City Council of Baltimore for the aforesaid purpose;
and said funds from said Federal Government shall be the
source of revenue for this supplementary special fund ap-
propriation, as required by Article VI, Section 2(h) of the
1964 revised Charter of Baltimore City.
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved February 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 667
(Council No. 1398)
An Ordinance providing for a supplementary special fund
appropriation in the amount of Five Hundred Twenty-
five Dollars ($525) to the Mayor's Advisory Committee
on Small Business to be used for paying for Negotiated
Salary and Wage Increases and Longevity Increments,
in accordance with the provisions of Article VI, Section
2(h)(2) of the Baltimore City Charter (1964 Revision).
Whereas, the money appropriated herein represents a
grant from a governmental source which could not be
expected with reasonable certainty at the time of the
formulation of the fiscal 1978 Ordinance of Estimates ; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
18th day of January, 1978, all in accordance with Article
120 ORDINANCES Ord. No. 668
VI, Section 2(h)(2) of the 1964 revised Charter of
Baltimore City.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2(h)(2) of the 1964 revision of the Charter of
Baltimore City, the sum of Five Hundred Twenty-five Dol-
lars ($525) shall be made available to the Mayor's Advisory
Committee on Small Business of the City of Baltimore as
a supplementary special fund appropriation for the fiscal
year ending June 30, 1978 for the purpose of paying for
Negotiated Salary and Wage Increases and Longevity In-
crements. The amount thus made available as a supple-
mentary special fund appropriation shall be expended from
a grant of funds to the Mayor and City Council of Balti-
more by the Federal Government under the Intergovern-
mental Antirecession Assistance Act of 1977, said sum be-
ing allotted to the Mayor and City Council of Baltimore for
the aforesaid purpose; and said funds from said Federal
Government shall be the source of revenue for this supple-
mentary special fund appropriation, as required by Article
VI, Section 2(h) of the 1964 revised Charter of Baltimore
City.
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved February 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 668
(Council No. 1399)
An Ordinance providing for a supplementary special fund
appropriation in the amount of Nine Hundred Seven
Dollars ($907) to the Minimum Wage Commission to be
used for paying for Negotiated Salary and Wage In-
creases and Longevity Increments, in accordance with
ORDINANCES 121
the provisions of Article VI, Section 2(h)(2) of the
Baltimore City Charter (1964 Revision).
Whereas, the money appropriated herein represents a
grant from a governmental source which could not be
expected with reasonable certainty at the time of the
formulation of the fiscal 1978 Ordinance of Estimates; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
18th day of January, 1978, all in accordance with Article
VI, Section 2(h)(2) of the 1964 revised Charter of
Baltimore City.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2(h)(2) of the 1964 revision of the Charter of
Baltimore City, the sum of Nine Hundred Seven Dollars
($907) shall be made available to the Minimum Wage Com-
mission of the City of Baltimore as a supplementary special
fund appropriation for the fiscal year ending June 30, 1978
for the purpose of paying for Negotiated Salary and Wage
Increases and Longevity Increments. The amount thus made
available as a supplementary special fund appropriation
shall be expended from a grant of funds to the Mayor and
City Council of Baltimore by the Federal Government under
the Intergovernmental Antirecession Assistance Act of
1977, said sum being allotted to the Mayor and City Council
of Baltimore for the aforesaid purpose ; and said funds from
said Federal Government shall be the source of revenue for
this supplementary special fund appropriation, as required
by Article VI, Section 2(h) of the 1964 revised Charter of
Baltimore City.
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved February 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
122 ORDINANCES Ord. No. 669
No. 669
(Council No. 1400)
An Ordinance providing for a supplementary special fund
appropriation in the amount of Five Thousand Seven
Hundred Thirty-four Dollars ($5,734) to the Baltimore
Museum of Art to be used for paying for Negotiated
Salary and Wage Increases and Longevity Increments,
in accordance with the provisions of Article VI, Section
2(h)(2) of the Baltimore City Charter (1964 Revision).
Whereas, the money appropriated herein represents a
grant from a governmental source which could not be
expected with reasonable certainty at the time of the
formulation of the fiscal 1978 Ordinance of Estimates ; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
18th day of January, 1978, all in accordance with Article
VI, Section 2(h)(2) of the 1964 revised Charter of
Baltimore City.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2(h)(2) of the 1964 revision of the Charter of
Baltimore City, the sum of Five Thousand Seven Hundred
Thirty-four Dollars ($5,734) shall be made available to the
Museum of Art of the City of Baltimore as a supplementary
special fund appropriation for the fiscal year ending June
30, 1978 for the purpose of paying for Negotiated Salary
and Wage Increases and Longevity Increments. The amount
thus made available as a supplementary special fund ap-
propriation shall be expended from a grant of funds to the
Mayor and City Council of Baltimore by the Federal Gov-
ernment under the Intergovernmental Antirecession As-
sistance Act of 1977, said sum being allotted to the Mayor
and City Council of Baltimore for the aforesaid purpose;
and said funds from said Federal Government shall be the
source of revenue for this supplementary special fund ap-
propriation, as required by Article VI, Section 2(h) of the
1964 revised Charter of Baltimore City.
ORDINANCES 123
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved February 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 670
(Council No. 1401)
An Ordinance providing for a supplementary special fund
appropriation in the amount of Seven Thousand Nine
Hundred Twenty-five Dollars ($7,925) to the Department
of Planning to be used for paying for Negotiated Salary
and Wage Increases and Longevity Increments, in ac-
cordance with the provisions of Article VI, Section 2-
(h)(2) of the Baltimore City Charter (1964 Revision).
Whereas, the money appropriated herein represents a
grant from a governmental source which could not be
expected with reasonable certainty at the time of the
formulation of the fiscal 1978 Ordinance of Estimates ; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
18th day of January, 1978, all in accordance with Article
VI, Section 2(h)(2) of the 1964 revised Charter of
Baltimore City.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2(h)(2) of the 1964 revision of the Charter of
Baltimore City, the sum of Seven Thousand Nine Hundred
Twenty-five Dollars ($7,925) shall be made available to the
Department of Planning of the City of Baltimore as a
supplementary special fund appropriation for the fiscal
year ending June 30, 1978 for the purpose of paying for
Negotiated Salary and Wage Increases and Longevity In-
crements. The amount thus made available as a supple-
124 ORDINANCES Ord. No. 671
mentary special fund appropriation shall be expended from
a grant of funds to the Mayor and City Council of Balti-
more by the Federal Government under the Intergovern-
mental Antirecession Assistance Act of 1977, said sum be-
ing allotted to the Mayor and City Council of Baltimore
for the aforesaid purpose ; and said funds from said Federal
Government shall be the source of revenue for this supple-
mentary special fund appropriation, as required by Article
VI, Section 2(h) of the 1964 revised Charter of Baltimore
City.
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved February 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 671
(Council No. 1402)
An Ordinance providing for a supplementary special fund
appropriation in the amount of Five Hundred Thirty-
eight Thousand Seven Hundred Twenty-eight Dollars
($538,728) to the Police Department to be used for pay-
ing for Negotiated Salary and Wage Increases and Lon-
gevity Increments, in accordance with the provisions of
Article VI, Section 2(h) (2) of the Baltimore City Charter
(1964 Revision).
Whereas, the money appropriated herein represents a
grant from a governmental source which could not be
expected with reasonable certainty at the time of the
formulation of the fiscal 1978 Ordinance of Estimates ; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
18th day of January, 1978, all in accordance with Article
ORDINANCES 125
VI, Section 2(h)(2) of the 1964 revised Charter of
Baltimore City.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2(h)(2) of the 1964 revision of the Charter of
Baltimore City, the sum of Five Hundred Thirty-eight
Thousand Seven Hundred Twenty-eight Dollars ($538,728)
shall be made available to the Police Department of the
City of Baltimore as a supplementary special fund appro-
priation for the fiscal year ending June 30, 1978 for the
purpose of paying for Negotiated Salary and Wage In-
creases and Longevity Increments. The amount thus made
available as a supplementary special fund appropriation
shall be expended from a grant of funds to the Mayor and
City Council of Baltimore by the Federal Government under
the Intergovernmental Antirecession Assistance Act of
1977, said sum being allotted to the Mayor and City Council
of Baltimore for the aforesaid purpose; and said funds
from said Federal Government shall be the source of rev-
enue for this supplementary special fund appropriation, as
required by Article VI, Section 2(h) of the 1964 revised
Charter of Baltimore City.
Provided that said sum of Five Hundred Thirty-eight
Thousand Seven Hundred Twenty-eight Dollars ($538,728)
shall be appropriated as follows:
Program 200, Administrative
Direction and Control $ 31,966
Program 201, General Patrol $367,540
Program 202, Investigations $ 55,993
Program 203, Traffic $ 33,155
Program 204, Services Bureau $ 50,074
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved February 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
126 ORDINANCES Ord. No. 672
No. 672
(Council No. 1215)
An Ordinance to add a new Section 179 to Article 19 of the
Baltimore City Code (1966 Edition), title "Police Ordi-
nances", subtitle "Special Enforcement Officers'', pro-
viding for the appointment of Special Enforcement
Officers by the Police Commissioner, providing for their
duties to issuo »»4 serve summons to appear in District
Court proceedings involving enforcement of certain City
ordinances; providing for their right to receive complaints
and investigate violations of such ordinances as well as
certain state laws and regulations; providing limitations
on their powers particularly with reference to the power
to make arrests or to take violators into custody; and
providing for the keeping of records of their appointment
and their attire.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That a new Section 179 be and is hereby
added to Article 19 of the Baltimore City Code (1966 Edi-
tion) title "Police Ordinances", subtitle "Special Enforce-
ment Officers", the section to follow immediately after Sec-
tion 178, thereof, and to read as follows :
179 Special Enforcement Officers
1) The Commissioner of Health and the Commissioner of
Housing and Community Development shall from time to
time certify to the Police Commissioner of Baltimore City
the names of employees of their respective department for
appointment by the Police Commissioner as Special Enforce-
ment Officers.
2) Upon their appointment, the Officers shall have the
poiver to issue emd serve summonses to appear before the
Housing Part of the District Court for Baltimore City in
proceedings for enforcement of any City ordinance per-
taining to its building, housing, zoning, fire, public health
and sanitation codes.
&)- ¥ho Officore may also roooivo complaints and investi
gate aU violations of ordinances pertaining to £h# City'e
ORDINANCES 127
Building, houeing> zoning^ fae? publio health and sanitation
oodoe, and may €blse invootigato violation*) reported te thorn
by a etato dopartmont or agonoy of wny etato lam or regula
■fJ)f\iY) (>f\/Y}(\f\'Y'Y}.i'Yt.cf hm.}1.f$.'}./y) tut 'Yyjj.hJ t (\ h,(in,lf^Ji, ti,y (\ or fUSMA tdtiOTT,
J?)- 3) The Officers appointed may not arrest or take into
custody any violator of such ordinances or otherwise have
the power of arrest in their official capacity.
5± U) A record of appointment of the Officers shall be
kept by the Police Commissioner and any appointment may
be revoked by him at any time.
&)■ 5) The form of badge and type of uniform if any worn
by the appointed officers shall be approved by the Police
Commissioner.
Sec. 2. And be it further ordained, that this ordinance
shall take effect from the date of passage.
Approved February 27, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 673
(Council No. 1159)
An Ordinance to amend Sheet No. 3 of the Zoning District
Maps of Article 30 of the Baltimore City Code (1966
Edition) title "Zoning," (Ordinance No. 1051, approved
April 20, 1971) by changing from the B-l-1 Zoning Dis-
trict to the R-l Zoning District the property on the west
side of Greenspring Avenue, known as 5722 Greenspring
Avenue as outlined in red on the plat accompanying this
ordinance.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That Sheet No. 3 of the Zoning District
Maps of Article 30 of the Baltimore City Code (1966 Edi-
tion), title "Zoning" (Ordinance No. 1051, approved April
20, 1971), be and it is hereby amended by changing from
128 ORDINANCES Ord. No. 674
the B-l-1 Zoning District to the R-l Zoning District the
property on the west side of Greenspring Avenue, known
as 5722 Greenspring Avenue, as outlined in red on the
plats accompanying this ordinance.
Sec. 2. And be it further ordained, That upon passage
of this ordinance by the City Council, as evidence of the
authenticity of the plat which is a part hereof and in order
to give notice to the departments which are administering
the Zoning Ordinance, the President of the City Council
shall sign the plat and, when the Mayor approves the ordi-
nance, he shall sign the plat. The City Treasurer shall then
transmit a copy of the ordinance and one of the plats to
the following: the Board of Municipal and Zoning Appeals,
the Planning Commission, the Commissioner of the De-
partment of Housing and Community Development and
the Zoning Administrator.
Sec. 3. And be it further ordained, That this ordinance
shall take effect thirty days from the date of its passage.
Approved March 3, 1978.
WILLIAM DONALD SCHAEFER, Mayor,
No. 674
(Council No. 1160)
An Ordinance to amend Sheet No. 3 of the Zoning District
Maps of Article 30 of the Baltimore City Code (1966
Edition), title "Zoning," (Ordinance No. 1051, approved
April 20, 1971) by changing from the B-l-1 Zoning Dis-
trict to the R-l Zoning District the properties on the
west side of Greenspring Avenue, known as 5718 and 5720
Greenspring Avenue, as outlined in red on the plats
accompanying this ordinance.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That Sheet No. 3 of the Zoning District
Maps of Article 30 of the Baltimore City Code (1966 Edi-
ORDINANCES 129
tion), title "Zoning" (Ordinance No. 1051, approved April
20, 1971), be and it is hereby amended by changing from
the B-l-1 Zoning District to the R-l Zoning District the
properties on the west side of Greenspring Avenue, known
as 5718 and 5720 Greenspring Avenue, as outlined in red on
the plats accompanying this ordinance.
SEC. 2. And be it further ordained, That upon passage
of this ordinance by the City Council, as evidence of the
authenticity of the plat which is a part hereof and in order
to give notice to the departments which are administering
the Zoning Ordinance, the President of the City Council
shall sign the plat and, when the Mayor approves this ordi-
nance, he shall sign the plat. The City Treasurer shall then
transmit a copy of the ordinance and one of the plats to
the following : the Board of Municipal and Zoning Appeals,
the Planning Commission, the Commissioner of the De-
partment of Housing and Community Development and the
Zoning Administrator.
Sec. 3. And be it further ordained, That this ordinance
shall take effect thirty days from the date of its passage.
Approved March 3, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 675
(Council No. 1328)
An Ordinance granting permission and authority to Exxon
Corporation, a body corporate, to construct, maintain and
use a pipe trestle above and across Cardiff Avenue be-
tween South Clinton Street and Highland Avenue.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That permission and authority be and the
same are hereby granted to Exxon Corporation, a body
corporate, its successors and assigns, hereinafter referred
to as the "grantee," to construct, maintain, and use, at its
130 ORDINANCES Ord. No. 675
own cost and expense for a period not exceeding 25 years,
a pipe trestle above and across Cardiff Avenue between
South Clinton Street and Highland Avenue, which pipe
trestle shall carry a three inch steam and a one and a half
inch condensate return pipe across Cardiff Avenue from a
new warehouse building at 1401 South Clinton Street to
an existing Exxon pipe trestle.
Sec. 2. And be it further ordained, That the pipe trestle
shall be located as follows: Beginning at a point approxi-
mately one foot west of the intersection of the west side of
Highland Avenue and the north side of Cardiff Avenue at
the property of the Grantee, thence southerly over and
across Cardiff Avenue the distance of approximately 67
feet, thence westerly above and along the south side of
Cardiff Avenue approximately 8 feet, thence southerly
approximately 3 feet to the property of the Grantee, at a
point approximately 12 feet west of the intersection of the
west side of Highland Avenue and the south side of Cardiff
Avenue.
The overall size of the entire construction for the piping
over and across public property shall be approximately 78
linear feet in length, and 5 feet in width, at a height of
approximately 19 feet, 5 inches above the grade of Cardiff
Avenue to the piping on the structure.
No woodwork or other combustible materials shall be
used in the construction or maintenance of said pipe trestle
and said structure shall be constructed in all respects in
accordance with the Building Code of Baltimore City and
shall be constructed, completed and maintained under the
supervision and to the satisfaction of the Commissioner,
Department of Housing and Community Development of
Baltimore City, and shall be, at all times hereafter, subject
to regulation and control by the said Commissioner.
Sec. 3. And be it further ordained, That the Mayor and
City Council of Baltimore hereby expressly reserves the
right and power at all times to exercise, in the interest of
the public, full municipal superintendence, regulation and
control in respect to all matters connected with this grant,
and not inconsistent with the terms thereof.
ORDINANCES 131
SEC. 4. And be it further ordained, That the franchise
or right granted by this ordinance shall be executed and
enjoyed within six months after the grant.
Sec. 5. And be it further ordained, That the said grantee,
its successors and assigns, shall maintain the said pipe
trestle in good condition throughout the full term of this
grant, so long as said pipe trestle remains in and above
said street.
Sec. 6. And be it further ordained, That the said grantee,
its successors and assigns, shall pay to the said Mayor and
City Council of Baltimore, as compensation for the fran-
chise or privilege hereby granted, the sum of
per year, payable
in advance during the continuance of this franchise or
privilege, provided, however, that the Mayor and City
Council of Baltimore, acting by and through the Board
of Estimates, may increase or decrease the franchise charge
payable by the grantee under the provisions hereof by
giving written notice to that effect to the grantee at least
one hundred and fifty (150) days prior to the expiration
of the first five years of the term granted herein, or at
the expiration of any subsequent five- (5-) year period of
said term granted herein, any such increase or decrease
of said franchise charge to be effective as of the beginning
of the next succeeding five- (5-) year period of the term
granted herein.
Sec. 7. And be it further ordained, That non-compliance
at any time or times with any of the terms or conditions
of the grant hereby made shall, at the option of the Mayor
and City Council of Baltimore, operate as a forfeiture of
the same, which shall thereupon be and become void, and
that nothing short of an ordinance of the Mayor and City
Council of Baltimore shall operate as a waiver of any
forfeiture of the grant hereby made.
Sec. 8. And be it further ordained, That the Mayor of
Baltimore City shall have the right to revoke the rights
and privileges hereby granted at any time or times when,
in his judgment, the public interest, welfare, safety, or
132 ORDINANCES Ord. No. 675
convenience requires such revocation, and upon written
notice to that effect from the Mayor of Baltimore City
served upon the grantee, its successors or assigns, all such
rights shall cease and determine.
Sec. 9. And be it further ordained, That in the event of
any revocation, forfeiture, or termination of the rights
and privileges by this ordinance granted the said grantee,
its successors and assigns, shall, at their expense, promptly
remove said pipe trestle in a manner satisfactory to the
Commissioner, Department of Housing and Community
Development, without any compensation to the grantee,
its successors and assigns.
Sec. 10. And be it further ordained, That the said
grantee, its successors and assigns, shall be liable for and
shall indemnify and save harmless the Mayor and City
Council of Baltimore from and against any and all suits,
losses, costs, claims, damages, or expenses to which the
said Mayor and City Council of Baltimore may, from time
to time, be subjected on account of by reason of, or in any
way resulting from —
(a) the presence, construction, use, operation, mainte-
nance, alteration, repair, location, relocation or removal
of said pipe trestle ; and
(b) any failure on the part of said grantee, its succes-
sors and assigns, to perform, promptly and properly, any
of the duties or obligations imposed upon it or them by
the terms and provisions of this ordinance.
Sec. 11. And be it further ordained, That said Exxon
Corporation, its successors and assigns, shall pay to the
City within 30 days after written notice from the Director
of Public Works of Baltimore City, of the amount due,
the cost of relocating, strengthening, or encasing in con-
crete all subsurface structures belonging to the Mayor
and City Council of Baltimore located in said street, in
or adjacent to the space to be occupied by said pipe trestle
and shall also pay to the City, within 30 days after written
notice from the said Director of Public Works of the
amount due, the cost of relocating any surface structures
ORDINANCES 133
belonging to the City made necessary by the construction
of said pipe trestle, the judgment of the Director of Public
Works as to the work necessary to safeguard said sub-
surface structures and as to the necessity of relocating any
surface structures to be final.
Sec. 12. And be it further ordained, That this ordinance
shall take effect thirty days from the date of its passage.
Approved March 3, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 676
(Council No. 1433)
An Ordinance to repeal and reordain, with amendments,
Section 3.0-1 and Section 3.0-2 of Article 30 of the
Baltimore City Code (1966 Edition), title "The Zoning
Ordinance of Baltimore City," as ordained by Ordinance
1051, approved April 20, 1971 ; to add a new Chapter 3B
to said article, code and title, to come under the new
subtitle "Flood Plain Overlay Districts" ; to create a new
Zoning District to be known as Flood Plain Overlay Dis-
trict, providing for the incorporation of maps describing
Flood Plain Districts, providing for uses in each dis-
trict, providing for exoneration of liability on City for
issuance of permits, providing regulations for utilities
and government services located in a flood zone; pro-
viding for the granting of variances, special exceptions
and conditional uses; IMPOSING CERTAIN DUTIES
ON THE EXECUTIVE SECRETARY OF THE BOARD
AND THE ZONING ADMINISTRATOR; to add new
Sections 13.0-2-108 through 13.0-2-114 providing for
definitions; providing for severability.
Whereas, the Mayor and City Council has passed Reso-
lution No. 13, approved October 21, 1971, to show the
intention of complying with the National Flood Insurance
Act of 1968, as amended ; and
134 ORDINANCES Ord. No. 676
Whereas, the City now desires to comply with the re-
quirements of said laws by establishing Flood Plain Over-
lay Districts in order to enable participation in the
Federal Flood Insurance Program ;
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That Section 3.0-1 and Section 3.0-2 of
Article 30 of the Baltimore City Code (1966 Edition), title
"The Zoning Ordinance of Baltimore City/' as ordained
by Ordinance 1051, approved April 20, 1971, as amended,
be and are hereby repealed and reordained, with amend-
ments, and that new Chapter 3B and Sections 13.0-2-108
through 114 be and are hereby added to the same Article,
all to read as follows :
3.0-1 Establishment of Districts
In order to carry out the purposes and provisions of this
ordinance, Baltimore City is hereby divided into the fol-
lowing zoning districts :
Public Use Districts
Suffix "P" added to existing zoning classification. Note:
Added by Ordinance No. 656, approved June 14, 1974.
Flood Plain Overlay Districts
Fl Floodway
F2 Floodway Fringe
F3 Approximated Flood Plain
HFZ Harbor Flood Zone
SFZ Shallow Flood Zone
Residence Districts
R-l Single-family Residence District
R-2 General Residence District
R-3 Single-family Residence District
R-4 General Residence District
R-5 General Residence District
R-6 General Residence District
R-7 General Residence District
R-8 General Residence District
R-9 General Residence District
R-10 General Residence District
ORDINANCES 185
Office-Residence District
O-R Office-Residence District
Business Districts
B-l Neighborhood Business Districts
B-2 Community Business District
B-3 Community Commercial District
B-4 Central Business District
B-5 Central Commercial District
Industrial Districts
M-l Industrial District
M-2 Industrial District
M-3 Industrial District
3.0-2 Incorporation of Maps
The location and boundaries of the districts established
by this ordinance are shown upon the zoning maps, flood
plain overlay maps and flood profiles, which are hereby
incorporated into this ordinance. The said zoning maps,
flood plain overlay maps and flood profiles together with
everything shown thereon and all amendments thereto,
shall be as much a part of this ordinance as if fully set
forth and described herein. As evidence of the authenticity
of said zoning maps, flood plain overlay maps and flood
profiles each shall have been duly signed by the Mayor and
the President of the City Council.
CHAPTER SB
FLOOD PLAIN OVERLAY DISTRICT
Purpose
The Flood Plain Overlay District classification is de-
signed to protect human life and health, to minimize
damage to public and private property, to regulate appro-
priate use of land in a flood plain in order to prevent or
minimize future flood damage, to protect the public water
supply and sanitary sewage disposal systems, to preserve
natural drainage systems, and to reduce financial burdens
136 ORDINANCES Ord. No. 676
imposed on Baltimore City and its citizens by regulating
the placement and use of structures and the use of land
in the flood plain.
Five flood plain districts, each designating a measurable
degree of flood hazard, are provided. The flood plain is
clearly delineated in the Flood Insurance Study, effective
March 15, 1978, prepared for the Department of Housing
and Urban Development, Federal Insurance Administra-
tion. FURTHER AMENDMENT OF THE FLOOD PLAIN
OVERLAY DISTRICT MAPS MUST BE REVIEWED
AND APPROVED BY THE FLOOD INSURANCE AD-
MINISTRATOR.
PART A GENERAL REQUIREMENTS
SB. 0-1 Use Regulations
a. Permitted uses are as set forth under each district
in Part B of this Chapter. Unless otherwise specifically set
forth, ivherever a permitted use is named as a major cate-
gory under Part B of this Chapter, it shall be deemed to
include all and only those itemized uses listed under the
said category in the applicable district.
b. Conditional uses, as set forth under each district in
Part B of this Chapter, may be authorized — subject to the
provisions of this ordinance. Unless otherwise specifically
set forth, whenever a conditional use is named as a major
category under Part B of this Chapter, it shall be deemed
to include all and only those itemized uses listed under the
said category in the applicable district.
c. Uses that are lawfully existing on the effective date
of this ordinance but are not allowed under the provisions
of Part B of this Chapter may be continued — subject to the
provisions of Chapter 8 of this ordinance.
d. Uses other than those expressly permitted pursuant
to the provisions contained in this Chapter shall be pro-
hibited. The outdoor maintenance or storage of abandoned,
unlicensed, junked, or derelict vehicles is prohibited in all
districts.
SB. 0-2 Bulk Regulations
As otherwise provided, for each underlying district, in
this Zoning Ordinance.
ORDINANCES 137
PART B DISTRICT REQUIREMENTS
8B.1 Floodway
a. Permitted uses
1. Recreation facilities, EXCLUDING ACCESSORY
BUILDINGS, as follows:
(a) Athletic Fields
(b) Golf Courses
(c) Parks
(d) Lacrosse and Soccer fields
SB. 2 Floodway fringe
a. Permitted uses, accessory uses and conditional uses.
1 . As set forth in each existing underlying district.
3B.3 Approximated flood plain
a. Permitted uses, accessory uses and conditional uses.
1. As set forth in each existing underlying district.
8B.li. Harbor flood zone
a. Permitted uses, accessory uses and conditional uses.
1. As set forth in each existing underlying district.
SB. 5 Shallow flood zone
a. Permitted uses, accessory uses and conditional uses.
1. As set forth in each existing underlying district.
SB. 6 Municipal and Personal Liability
The issuance of a zoning authorization for land, adja-
cent to or nearby to a delineated flood plain or other land
which in the future may be found to be a flood plain, is
not a representation, guarantee, or warranty of any kind
that such land is not in a flood plain, and shall create no
138 ORDINANCES Ord. No. 676
liability upon Baltimore City, its elected and appointed
officials, or its employees.
SB. 7 Public Utility and Government Services.
Notwithstanding other provisions to the contrary, no
public utility or government service use which may impede,
retard or change the direction of the flow of water or that
will catch or collect debris carried by such water, or that
is placed where the natural flow of the stream or flood
waters would carry the same downstream to the damage
or detriment of either public or private property in or
adjacent to the flood plain,, . and no sanitary landfills shall
bo locatod in any- flood plain, flood haaard none, or floodwayi
3B.8 Variances, Special Exceptions, and Conditional
uses
Variances, special exceptions, and conditional uses may
be granted by the Board as provided in Chapter 11 of this
Zoning Ordinance. In addition to the standards provided
in Chapter 11, the Board may grant variances, special
exceptions, and conditional uses in the floodway fringe,
approximated flood plain, harbor flood zone, and shallow
flood zone for:
■fir)- Historic Areas and Structures for substantial
improvements, reconstruction, rehabilitation o* restoration
of- structures on the National Register of Historic Places,
XT XJOV Cv TVWV ITTrOl/f I V\s j-fw/fwnvw; i fv jl-# vkj Vj ^U JTTwvv a f v w \J JvW I If "/ IJl FH
tevie Places, op the- City of- Baltimore Landmark List? or m
a Historieal and Architectural Preservation District,
-(£)■( 1) Severe Hardship — for substantial improvements
where, because of extraordinary circumstances, local con-
ditions may render the application of certain standards a
severe hardship,
-£#-)-( 2) Harbor Flood Area — for new construction and
substantial improvements in the hazard area adjacent to the
harbor, defined as the harbor flood zone,
in accordance with the following additional standards:
(1) Determination that the granting of a variance,
special exception, or conditional use will not result in in-
ORDINANCES 139
creased flood heights or additional danger to the public
health, welfare and safety.
(2) All such proposals are consistent with the need to
minimize flood damage.
(S) All necessary permits have been received from the
State of Maryland, Water Resources Administration and
appropriate Federal agencies.
(U) All public and private utilities and facilities (in-
cluding sewer, water, telephone, electric, gas, etc.) are
located and constructed to minimize or eliminate flood
damage.
(5) Adequate drainage is provided to reduce exposure
to flood hazard.
B. IF THE BOARD GRANTS A VARIANCE, SPE-
CIAL EXCEPTION OR CONDITIONAL USE IN AC-
CORDANCE WITH THE SPECIFIED STANDARDS,
THE EXECUTIVE SECRETARY SHALL ATTACH TO
THE RESOLUTION OF THE BOARD A LETTER CON-
TAINING THE FOLLOWING:
(1) CONSTRUCTION IN ACCORDANCE WITH
THIS VARIANCE, SPECIAL EXCEPTION, OR CON-
DITIONAL USE APPROVAL (AND AFTER OBTAIN-
ING A BUILDING PERMIT) WHICH MAY RESULT
IN A STRUCTURE LOCATED BELOW THE BASE
FLOOD LEVEL WILL RESULT IN INCREASED PRE-
MIUM RATES FOR FLOOD INSURANCE; AND
(2) CONSTRUCTION BELOW THE BASE FLOOD
LEVEL INCREASES RISKS TO LIFE AND PROPERTY.
C. THE ZONING ADMINISTRATOR SHALL PRE-
PARE AN ANNUAL REPORT TO BE SENT TO THE
FLOOD INSURANCE ADMINISTRATOR OF ALL VARI-
ANCES, SPECIAL EXCEPTIONS, AND CONDITIONAL
USES GRANTED DURING THE PRECEDING YEAR,
DESCRIBING UNDER WHICH THEY WERE GRANT-
ED AND THE GUARANTEES REQUIRED BY THE
BOARD TO ASSURE FLOOD HAZARDS WOULD NOT
THEREBY BE INCREASED.
140 ORDINANCES Ord. No. 676
18.0-2 Definitions
108. Development: Any construction, reconstruction,
modification, extension or expansion of buildings or struc-
tures, placement of fill, dredging, drilling, mining, storage
of materials, land excavation, land clearing, GRADING,
PAVING, land improvement, or any combination thereof.
109. Flood Plain: (1) a relatively flat or low land area
adjoining a river, stream or watercourse which is subject
to partial or complete inundation; ■(£)■ &n area subject te
■Hi n a tw)j_c*i i nl ft w\ rl /vn /v\/iV7 rt s* s*i t /wi o///«/ia^i r\ T flflfl / ^vi r\ -ft r\n* oil wr rt s* n
T7TV" TVTVwO WWV \aj i i/w i w^7 tw wv/ v w » i i/^v^vvt/ is\s / v \s j r w i is\J J J \J J U Wi j TV W
waters from wv# source; or ■(£-)■( 2) any area shown as a flood
plain on the series of maps and profiles known as the Flood
Insurance Study, effective March 15, 1978, and as these
maps may hereafter be revised or amended, prepared for
the Department of Housing and Urban Development, Fed-
eral Insurance Administration.
110. Floodway (Fl): That portion of the flood plain
overlay district required to carry and discharge the waters
of the one hundred (100) year flood without increasing
the water surface elevation at any point more than one
(1) foot above existing conditions. The floodway is the
area of highest hazard.
111. Floodway Fringe (F2): Those portions of land
within the flood plain overlay district subject to flooding
by the one hundred (100) year flood, lying beyond the
floodway in areas where detailed study data and profiles
are made available.
112. Approximated Flood Plain (F8): Those portions
of land within the flood plain overlay district subject to
flooding by the one hundred (100) year flood, where a
detailed study has not been performed but where a one
hundred (100) year flood plain boundary has been ap-
proximated.
113. Harbor Flood Zone (HFZ): Those portions of the
flood plain overlay district subject to flooding by a one
hundred (100) year flood, adjacent to the Harbor (Patap-
sco River).
ORDINANCES 141
11 U. Shallow Flood Zone (SFZ): An area ivithin the
flood plain overlay district ivith baeo flood depthe ONE
HUNDRED (100) YEAR FLOOD DEPTHS from one to
throe TWO feet where a clearly defined channel does not
exist, where the path of flooding is unpredictable and indo
torminato, and where velocity flow may be evident.
Sec. 2. And be it further ordained, That if any provision
of this ordinance or the application thereof is held invalid
for any reason, the invalidity shall not affect the other
provisions or any other application of this ordinance which
can be given effect without the invalid provision or appli-
cation, and to this end all the provisions of this ordinance
are declared to be severable.
Sec. 3. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved March 9, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 677
(Council No. 1434)
An Ordinance to add a new Chapter 28, to be called Flood
Plain District Regulations, to Article 32 of the Balti-
more City Code (1976 Edition), title "Building Regula-
tions," providing standards of construction techniques
and of permitted materials for new construction or im-
provement of existing structures, for landscaping, and
for other improvements which may be located in a flood
plain or related flood areas; providing for variances
under certain conditions, for waiver of liability, and for
severability.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That a new Chapter 28, Flood Plain District
Regulations, be and it is hereby added to Article 32 of the
142 ORDINANCES Ord. No. 677
Baltimore City Code (1976 Edition), title "Building Regu-
lations" to read as follows :
CHAPTER 28
SECTION 280. FLOOD PLAIN DISTRICT REGULA-
TIONS
2800. SCOPE. To establish standards of construction
techniques and of permitted construction materials for any
new construction or substantial improvement of existing
structures, for fill, for placement and construction of utili-
ties, for landscaping, and for any other improvements
which may hereafter be constructed, altered, or otherwise
be located in a flood plain or its constituent parts, the flood
way, the flood fringe, the approximated flood plain, the
harbor flood zone, and the shallow flood zone. These re-
quirements are in addition to and supplement all other
laws, ordinances and regulations of Baltimore City regard-
ing construction and land development as well as aU
applicable laws and regulations of the State of Maryland
and appropriate Federal agencies. In case of conflict, the
more stringent or restrictive requirements shall apply.
The flood plain delineation, showing all areas subject to
inundation by a one hundred (100) year flood, is based
on available information, studies, and engineering tech-
nology as contained in the Flood Insurance Study for
Baltimore City, effective March 15, 1978 and as it may
hereafter be revised or amended BY THE FLOOD INSUR-
ANCE ADMINISTRATOR, prepared for the Department
of Housing and Urban Development, Federal Insurance
A dministration.
Section 281. DEFINITIONS. The following definitions
are in addition to and supplement the definitions in
Chapter 20 and other Sections of this Building Code.
(1) "Base Flood Discharge" means the quantity of
water actually flowing at the peak of a one hundred (100)
year flood.
(2) "Development" means any construction, reconstruc-
tion, modification, extension or expansion of buildings or
structures, placement of fill, dredging, drilling, mining.
ORDINANCES 143
storage of materials, land excavation, land clearing, grad-
ing, paving, land improvement, or any combination thereof,
(3) "Flood" means a general temporary inundation of
normally dry land areas.
(U) "Flood Plain" means (1) a relatively flat or low
land area adjoining a river, stream or watercourse which
is subject to partial or complete inundation; ■££)- an area
oubjoot to the unusual and rapid accumulation or runoff
of eurfaco watore from any source; or 4$)-(2) any area
shown as a flood plain on the series of maps known as the
Flood Insurance Study, effective March 15,1978 and as they
may be revised or amended, prepared for the Department of
Housing and Urban Development, Federal Insurance Ad-
ministration.
(5) "Floodway (Fl)" means that portion of the flood
plain district required to carry and dioohargo the watore
of the one hundred (100) yea* flood without increasing
the water eurfaco elevation at any point, m the floodway*
m-oro than one -ft}- foot abovo existing oonditione. THE
CHANNEL OF A RIVER OR OTHER WATERCOURSE
AND THE ADJACENT LAND AREAS THAT MUST BE
RESERVED IN ORDER TO DISCHARGE THE BASE
FLOOD WITHOUT CUMULATIVELY INCREASING
THE WATER SURFACE ELEVATION MORE THAN
ONE (1) FOOT.
(6) "Floodway Fringe (F2)" means those portions of
land within the flood plain district, subject to flooding by
the one hundred (100) year flood, lying beyond the flood-
way in areas where detailed study data and profiles are
made available.
(7) "Approximated Flood Plain (F3)" means those por-
tions of land within the flood plain district, subject to flood-
ing by the one hundred (100) year flood, where a detailed
study has not been performed but where a one hundred
(100) year flood plain boundary has been approximated.
(8) "Harbor Flood Zone (HFZ)" means those portions
of the flood plain district, subject to flooding by a one
hundred (100) year flood, adjacent to the Harbor (Patap-
sco River).
144 ORDINANCES Ord. No. 677
(9) "Shallow Flood Zone (SFZ)" means an area within
the Flood Plain Distinct ivith base flood depths from one
to throe TWO feet where a clearly defined channel does not
exist, ivhere the path of flooding is unpredictable ebnd mde
tormhiato, and where velocity flow may be evident.
(10) "Floodproofing" means any combination of struc-
tural and non-structural additions, changes or adjustments
to properties and structures which reduce or eliminate
flood damage to land, water and sanitary facilities, struc-
tures and contents of buildings.
(11) "Land Development" means (1) the improvement
of one lot, or two or more contiguous lots, tracts or parcels
of land for any purpose involving (a) a group of two or
more buildings, or (b) the division or allocation of land
or space behveen or among two or more existing or pro-
spective occupants by means of, or for the purpose of,
streets, common areas, leaseholds, condominiums, building
groups or other features; (2) a subdivision land.
(12) "Mobile Home* Travel Trailer, Motorized Home,
Recreation Vehicle"- moan structures built mi a permanont
chassis, designed £# be used without a permanont foun
datiom
(12) "MOBILE HOME" MEANS A STRUCTURE,
TRANSPORTABLE IN ONE OR MORE SECTIONS,
WHICH IS BUILT ON A PERMANENT CHASSIS AND
DESIGNED TO BE USED WITH OR WITHOUT A
PERMANENT FOUNDATION WHEN CONNECTED TO
THE REQUIRED UTILITIES.
(13) "Neiv Construction" means, for flood plain man-
agement purposes, structures for which the start of con-
struction began on or after the effective date of this
ordinance.
(Ik) "One Hundred (100) Year Flood" means a flood
that has one chance in one-hundred or a one percent chance
of being equalled in any given year. DELINEATION OF
AREAS SUBJECT TO FLOODING BY THE ONE HUN-
DRED YEAR FLOOD IS BASED ON AVAILABLE IN-
FORMATION, STUDIES, AND ENGINEERING TECH-
NOLOGY CONTAINED IN THE FLOOD INSURANCE
ORDINANCES 145
STUDY FOR BALTIMORE CITY, EFFECTIVE MARCH
15, 1978.
(15) "Principally Above Ground" means that at least
51 percent of the actual cash value of structural im-
provements is above ground.
(16) i( Residential Structure" means any structure used
primarily for the purpose of sleeping, eating, and cooking.
(17) "Structure" means a walled and/or roofed build-
ing, including a gas or liquid storage tank, that is princi-
pally above ground, as tvell as a mobile home, travel
trailer, motorized home, any other recreational vehicle or
trailer, any free-standing signs, storage sheds, and elevated
decks.
(18) "Subdivision" means the division or redivision of
a lot, tract, or parcel of land by any means into two or
more lots, tracts, parcels, or other divisions of land, includ-
ing changes in existing lot lines for the purpose, whether
immediate or future, of lease, transfer of ownership,
building, or lot development.
(19) "Substantial Improvement" means any repair, re-
construction or improvement of a structure, the cost of
which equals or exceeds 50 percent of the market value of
the structure either, (1) before the improvement or repair
is started, or (2) if the structure has been damaged, and
is being restored, before the damage occurred.
For the purpose of this definition "substantial improve-
ment" is considered to occur when the first alteration of
any wall, ceiling, floor, or other structural part of the
building commences, ivhether or not that alteration affects
the external dimensions of the structure. The term does
not, however, include (1) any project for improvement of
a structure to comply with existing state or local health,
sanitary, or safety code specifications which are necessary
solely to assure safe and sanitary living conditions, or (2)
any alteration of a structure listed on the National Register
of Historic Places-; the National Historic Landmarks List,
OR a State Inventory of Historic Places ev the Gity- of- Balti
more Landmark List or m & Historical am4 Architectural
Preservation District.
146 ORDINANCES Ord. No. 677
SECTION 282. FLOODWAY
2821. In the floodway (Fl), the following improve-
ments or construction are prohibited:
(1) Fill, buildings, DEVELOPMENT, or other en-
croachments which would result in any increase in flood
levels during the occurrence of the base flood discharge.
(2) Substantial improvements to existing non-conform-
ing structures and/or uses.
(S) Any mobile home, travel trailer, motorized home,
or other recreational vehicle or trailer.
(Jf) Fences or walls.
(5) Other construction, temporary or permanent, in-
cluding landscaping, which may impede, retard or change
the direction of the flow of water or that will catch or
collect debris carried by such water, or that is placed where
the natural flow of the stream or flood waters would carry
the same downstream to the damage or detriment of either
public or private property adjacent to the flood plain.
(6) Cesspools, septic tanks, seepage pits, any private
waste disposal system^ or sanitary landfills.
(7) Any new construction^ DEVELOPMENT except
stream bank stabilization work, and utility installation and
reconstruction subject to the requirements of Section 285
of this Building Code.
2822. Any DEVELOPMENT OR construction not spe-
cifically prohibited in paragraph 2821 shall conform to the
requirements of Section 283, Development Requirements,
Construction Methods and Materials for the floodway fringe
(F2), approximated flood plain (F3), and harbor flood zone
(HFZ).
SECTION 288. DEVELOPMENT REQUIREMENTS,
CONSTRUCTION METHODS AND MATERIALS FOR
THE FLOODWAY FRINGE (F2), APPROXIMATED
FLOOD PLAIN (F3) AND HARBOR FLOOD ZONE
(HFZ).
ORDINANCES 147
2830. Lowest Floor Elevations
(1) All new construction and substantial improve-
ments of residential structures must have the lowest floor
(including basement) elevated to or above the 100-year
flood elevation. All other improvements to residential struc-
tures, up to the level of the one hundred (100) year flood
shall be made using materials and/or construction methods
which are resistant to flood damage. If flood resistant
methods and/or materials are utilized, the Commissioner
shall review the methods and/or materials to ensure that
they are adequate to withstand flood depths, pressures,
velocities, impact and uplift forces and other factors asso-
ciated with the one hundred (1 00) year flood.
(2) All new construction and substantial improvements
on non-residential structures shall have the lowest floor
(including basement) elevated to or above the 100 year
flood elevation, or together with attendant utility and
sanitary facilities, be designed so that, below the one hun-
dred (100) year flood elevation, the structure is water-
tight with walls substantially impermeable to the passage
of water and with structural components having the capa-
bility of resisting hydrostatic and hydrodynamic loads and
the effect of buoyancy.
2831. Placement of Buildings and Structures. All build-
ings and structures shall be constructed and placed on the
lot so as to offer the minimum obstructions to the flow
and height of the flood water. MOBILE HOMES MAY NOT
BE PLACED IN THE FLOODWAY FRINGE, APPROX-
IMATED FLOOD PLAINS, OR HARBOR FLOOD ZONE.
2832. Fill and Landscape Design
(1) Where fill is placed, it shall extend past the struc-
ture a significant distance to resist erosion or other effects
of flooding.
■(&)■ F-Ul shall consist &f eml? rock> &?■ inorganic roclc-
tike 'materials only. Sanitary land fiMe shall net be pep-
(2) SANITARY LANDFILLS SHALL BE DESIGNED
TO MINIMIZE OR ELIMINATE FLOOD DAMAGE.
148 ORDINANCES Ord. No. 677
(S) Fill material shall be compacted to provide the
necessary stability and resistance to erosion, scouring or
settling.
(U) Fill slopes shall be no steeper than one (1) verti-
cal to two (2) horizontal, unless substantiating d&te DATA
justifying steeper slopes are submitted to and approved by
the Commissioner.
(5) Fill may be used only to the extent to which it
does not adversely affect adjacent properties and does not
violate the State of Maryland, Water Resources Adminis-
tration's minimum standards.
(6) Adequate ground cover shall be provided for soil
stabilization within the flood plain district.
(7) Design of land contours and choice of plant mate-
rials shall direct surface runoff away from structures and
shall not increase surface runoff onto neighboring prop-
erties.
2833. Anchoring. All buildings and structures shall be
firmly anchored in accordance with accepted engineering
practices to prevent flotation, collapse, and lateral move-
ment, thus reducing the threat to life and property and
decreasing the possibility of obstructing bridge openings
and other restricted sections of the watercourse or flood
plain. ALL MOBILE HOMES OR TEMPORARY STRUC-
TURES SHALL BE ANCHORED TO RESIST FLOTA-
TION, COLLAPSE OR LATERAL MOVEMENT.
283Jf. Basement Foundation Walls. Foundation walls
shall be reinforced to prevent collapse from both the hydro-
static and hydrodynamic pressures of the one hundred
(100) year flood.
2835. Interior Floors and Walls
(1) Wood flooring used at or beloiv the first floor level
shall be installed to accommodate a lateral expansion of
the flooring, perpendicular to the flooring grain, without
incurring structural damage to the building.
(2) All finished flooring used at or below the first floor
level shall be made of materials which are stable and re-
sistant to ivater damage.
ORDINANCES 149
(3) Plywood used at or below the first floor level shall
be of an "exterior" or "marine" grade and of a water-
resistant or waterproof variety.
2836. Electrical Systems
(1) All electric water heaters, electric furnaces and
other permanent electrical installations shall be permitted
only at a minimum of one foot &p above the level of the
one hundred (100) year flood.
(2) No electrical distribution panels shall be permitted
at an elevation less than three feet above the level of the
one hundred (100) year flood.
2837. Plumbing. Water Heaters, furnaces and other
permanent mechanical installations shall be permitted only
at or above the level of the one hundred (100) year flood.
2838. Storage. No matorias MATERIALS that are buoy-
ant, flammable, explosive or toxic or which can be spread,
dispersed, or dissolved in times of flooding, and could be in-
jurious to human, animal or plant life shall be stored below
the level of the one hundred (100) year flood.
SECTION 28 U. DEVELOPMENT REQUIREMENTS,
CONSTRUCTION METHODS AND MATERIALS FOR
THE SHALLOW FLOOD ZONE (SFZ)
28 UO. All requirements for elevating buildings and/ or
floodprooflng as stated in Section 283 must be met, except
that the lowest floor elevation requirements are as follows:
(1) All new construction and substantial improvements
of residential structures must have the lowest floor (includ-
ing basement) elevated^ TWO (2) FEET above the crown
of the nearest street^, t& &r abovo the depth numb or sped-
fled in the Flood Insurance Study for Baltimore City.
(2) All new construction and substantial improvements
of non-residential structures must have the lowest floor
(including basement) elevated TWO (2) FEET above the
crown of the nearest street to- or above the depth number
specified in the Flood Insurance Study for Baltimore QUy-
, or together with attendant utility and sanitary facilities be
completely flood proofed, in conformity with Sections 283
150 ORDINANCES Ord. No. 677
and 285, to or above that level so that any space, below that
level, is watertight with walls substantially impermeable to
the passage of water and with structural components having
the capacity of resisting hydrostatic and hydrodynamic
loads and the effect of buoyancy.
(3) MOBILE HOMES MAY NOT BE PLACED IN
THE SHALLOW FLOOD ZONE.
SECTION 285. UTILITY INSTALLATION AND RE-
CONSTRUCTION IN ANY PART OF THE FLOOD
PLAIN DISTRICT.
2850. New or replacement water supply systems shall
be designed to eliminate any possible infiltration of flood
waters. Water systems shall be designed to minimize and,
if practical eliminate possible damage from flood waters to
the extent that service is discontinued or the water supply
is contaminated with sanitary or other wastes.
2851. New or replacement sanitary sewer systems shall
be designed to eliminate infiltration of flood waters and
ex filtration of waste water. Sanitary sewers shall be de-
signed to minimize and, where practical, eliminate possible
structural damage from flood waters. Whenever possible,
sanitary sewers should be designed to eliminato e* minimize
stream crossings and AVOID areas of active or potential
stream bank erosion. All sewer pipes shall be effectively
sealed to prevent leakage at all times. Cesspools, seepage
pits, septic tanks and other private waste disposal systems
are prohibited.
2852. All gas, electrical and other facility and utility
systems shall be located and constructed to eliminate or
minimize flood damage.
2853. All new or replacement storm drain facilities lo-
cated in the flood plain shall be designed to minimize
damage from flood waters.
SECTION 286. BUILDING PERMITS
2860. In addition to information normally provided on
a building permit application and construction documents,
the following must also be provided for development, new
ORDINANCES 151
construction or substantial improvementsy to existing
structures^ located in the flood plain:
2861, For structures to be elevated above the one hun-
dred (100) year flood elevation:
(1) The Commissioner mo& SHALL require, for any
property ivhich in whole or in part lies within the flood plain,
or for any property which the Commissioner determines
may be affected by adjacency to a flood plain, as shown in
the Flood Insurance Study, an accurate survey showing ex-
isting grades, proposed final grades, building size and loca-
tion, floor elevations, and the one hundred (100) year
flood plain elevation which shall be prepared by a licensed
surveyor or a registered professional engineer.
(2) The plans shall show the method of elevating the
proposed structure, including details of proposed fills, pile
structures, retaining walls, foundations, erosion protec-
tion measures, etc. These plans shall be prepared by a
licensed professional engineer, where required by the pro-
visions of Paragraph 6006 of this Building Code, or by a
registered architect.
(3) The plans shall show the methods used to protect
utilities (including sewer, water, telephone, electric, gas,
etc.) below the one hundred (100) year flood elevation
at the building site, from flooding.
2862. For structures to be floodproofed below the one
hundred (100) year flood elevation (non-residential struc-
tures only):
(1) The Commissioner may SHALL require, for any
property which in whole or in part lies within the flood plain,
or for any property which the Commissioner determines
may be affected by adjacency to a flood plain, as shown in
the Flood Insurance Study, an accurate survey showing ex-
isting grades, proposed final grades, building size and loca-
tion, floor elevations, and the one hundred (100) year flood
plain elevation, which shall be prepared by a licensed sur-
veyor, or a registered professional engineer.
(2) The plans for floodproofing prepared by a regis-
tered professional engineer, when required by the provi-
sions of Paragraph 6006 of this Building Code, or a
152 ORDINANCES Ord. No. 677
registered architect shall be accompanied by a certificate
of the engineer or architect that the structure in question,
together with attendant utilities and sanitary facilities is
designed so that:
(a) below the one hundred (100) year flood elevation
the structure is water-tight ivith walls substantially im-
permeable to the passage of water.
(b) the structure tvill withstand the hydrostatic, hy-
drodynamic, buoyant, impact and other forces resulting
from the flood depths, velocities, pressures, and other fac-
tors associated with the one hundred (100) year flood.
2863. All permit applications for development, new
construction or substantial improvement shall include a
plan drawing showing the location of all existing and
proposed public and private utilities, facilities and drain-
age structures. The one hundred (100) year flood elevation
shall be delineated on the plan. All plans shall be certified
by a licensed professional engineer, where required by
Paragraph 6006 of this Building Code, or a registered ar-
chitect and shall be reviewed by the Commissioner to
assure that:
(1) All such proposals are consistent with the need to
minimize flood damage.
(2) All necessary permits have been received from the
State of Maryland, Water Resources Administration and
appropriate Federal agencies.
(3) All public and private utilities and facilities (in-
cluding setver, water, telephone, electric, gas, etc.) are lo-
cated and constructed to minimize or eliminate flood
damage.
(U) Adequate drainage is provided to reduce exposure
to flood hazard.
SECTION 287,. WAIVER OF MUNICIPAL AND PER-
SONAL LIABILITY. Issuance of a building permit in ac-
cordance with the Flood Plain District Regulations of the
Building Code is not a representation, guarantee, or war-
ranty of any kind that the structure is not located in the
flood plain or that the structure tvill not be damaged, in
any way, by a flood, and said permit issuance shall create
ORDINANCES 153
no liability upon Baltimore City, its elected or appointed
officials, or its employees.
SECTION 288. VARIANCES
2880. Variances from the requirements of Section 283,
and Section 28U and Section 285 may be granted for struc-
tures in the floodway fringe, approximated flood plain,
harbor flood zone, and shalloiv flood zone for the following
conditions :
■£!-)■ Hietoric A<?em a&d Structures — for substantial
improvements, reconstruction rehabilitation or restoration
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torio Places, or the Gity of Baltimore Landmark List &p m
a Historical ebnd Architectural Preservation District.
■£&)-(l) Severe Hardship — for substantial improvements
where, because of extraordinary circumstances, local con-
ditions may render the application of certain standards a
severe hardship.
■(&)■( 2) Harbor Flood Area — for new construction and
substantial improvements in the hazard area adjacent to the
harbor defined as the Harbor Flood Zone in Section 281.
2881. THE COMMISSIONER MAY GRANT A VARI-
ANCE IN ACCORDANCE WITH THE FOLLOWING
ADDITIONAL STANDARDS:
(1) A DETERMINATION THAT FAILURE TO
GRANT THE VARIANCE WOULD RESULT IN EX-
CEPTIONAL HARDSHIP TO THE APPLICANT.
(2) A DETERMINATION THAT THE GRANTING
OF A VARIANCE WILL NOT RESULT IN INCREASED
FLOOD HEIGHTS, ADDITIONAL THREAT TO PUBLIC
SAFETY, EXTRAORDINARY PUBLIC EXPENSE, OR
CREATE NUISANCES.
(3) A DETERMINATION THAT THE VARIANCE
IS THE MINIMUM NECESSARY, CONSIDERING THE
FLOOD HAZARD, TO AFFORD RELIEF.
2882. IF THE COMMISSIONER GRANTS A VARI-
ANCE HE SHALL NOTIFY THE APPLICANT THAT:
154 ORDINANCES Ord. No. 677
(1) CONSTRUCTION OF A STRUCTURE BELOW
THE BASE FLOOD LEVEL WILL RESULT IN IN-
CREASED PREMIUM RATES FOR FLOOD INSUR-
ANCE; AND
(2) CONSTRUCTION BELOW THE BASE FLOOD
LEVEL INCREASES RISKS TO LIFE AND PROPERTY.
2881, 2883. The Commissioner shall prepare an annaul
ANNUAL report to be sent to the Flood Insurance Ad-
ministrator of all variances granted during the preceding
year, describing the conditions under which the variances
were granted and the guarantees required by the Commis-
sioner to assure flood hazards would not thereby be
increased.
Sec. 2. And be it further ordained, That the provisions
of this Chapter are hereby declared to be severable. If any
word, phrase, clause, sentence, paragraph, section or part
in or of this Chapter or the application thereof to any per-
son, circumstance or thing is declared invalid for any
reason whatsoever, the remaining provisions and the appli-
cation of such provisions to other persons, circumstances
or things shall not be affected thereby but shall remain in
full force and effect, the Mayor and City Council hereby
declaring that they would have ordained the remaining
provisions of this Chapter without the word, phrase,
clause, sentence, paragraph, section or part, or the appli-
cation thereof, so held invalid.
Sec. 3. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved March 9, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
ORDINANCES 155
No. 678
(Council No. 804)
An Ordinance granting permission to the East End Hotel,
Inc. for the establishment of a non-profit home for the
rehabilitation of non-bedridden alcoholic persons on the
property located at 1105 E. Fayette Street, under the
provisions of Sections 6.3-ld of Article 30 of the Balti-
more City Code (1966 Edition), title "Zoning" as
ordained by Ordinance 1051, approved April 20, 1971,
subject to the condition of continuing certification by the
State of Maryland Division e£ Alcoholism Control AD-
MINISTRATION.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That permission is hereby granted to East
End Hotel, Inc., for the establishment of a non-profit home
for the rehabilitation of non-bedridden alcoholic persons
on the property located at 1105 E. Fayette Street, under
the provisions of Sections 6.3-ld and 11.0-6d of Article 30
of the Baltimore City Code (1966 Edition), title "Zoning,"
as ordained by Ordinance 1051, approved April 20, 1971,
subject to the condition of continuing certification by the
State of Maryland Division e£ Alcoholism Control AD-
MINISTRATION.
Sec. 2. And be it further ordained, That whenever the
continuous operation of such use has been discontinued
for a period of twelve (12) consecutive months, it shall
not be thereafter re-established unless a new ordinance is
approved by the Mayor and City Council of Baltimore.
Sec. 3. And be it further ordained, That this ordinance
shall take effect 30 days from the date of its passage.
Approved March 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
156 ORDINANCES Ord. No. 679
No. 679
(Council No. 1142)
An Ordinance to authorize the use of the properties known
as 43S0 1358-1372 N. Calhoun Street, as outlined in red
on the AMENDED plats accompanying this ordinance,
for an open air off-street parking facility in the R-8 Dis-
trict, pursuant to Sections 4.8-ld and 11.0-6d of Article
30 of the Baltimore City Code (1966 Edition), title "The
Zoning Ordinance of Baltimore City" (Ordinance No.
1051) approved April 20, 1971.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the properties known as 4&6Q 1358-1372
N. Calhoun Street, as outlined in red on the AMENDED
plats accompanying this ordinance, be and they are hereby
authorized for use as an open air off-street parking facility
in the R-8 District, pursuant to Sections 4.8-ld and 11.0-6d
of Article 30 of the Baltimore City Code (1966 Edition),
title "The Zoning Ordinance of Baltimore City" (Ordinance
No. 1051) approved April 20, 1971.
Sec. 2. And be it further ordained, That upon passage of
this ordinance by the City Council, as evidence of the
authenticity of the plat which is a part hereof and in order
to give notice to the departments which are administering
the Zoning Ordinance, the President of the City Council
shall sign the plat, and when the Mayor approves the ordi-
nance, he shall sign the plat. The City Treasurer shall then
transmit a copy of the ordinance and one of the plats to the
following : the Board of Municipal and Zoning Appeals, the
Planning Commission, the Commissioner of the Depart-
ment of Housing and Community Development, the Com-
missioner of Transit and Traffic, and the Zoning Adminis-
trator.
Sec. 3. And be it further ordained, That this ordinance
shall take effect thirty days from the date of its passage.
Approved March 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
ORDINANCES 157
No. 680
(Council No. 1163)
An Ordinance to authorize the use of the properties known
as 111-113 E. 24th Street located on the south side of
24th Street west of Calvert Street, as outlined in red on
the plats accompanying this ordinance, for an open air
off-street parking facility in the O-R-2 Zoning District,
pursuant to Sections 5.1-ld and 11.0-6d of Article 30 of
the Baltimore City Code (1966 Edition), title 'The Zon-
ing Ordinance of Baltimore City" (Ordinance No. 1051)
approved April 20, 1971.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the properties known as 111-113 E.
24th Street located on the south side of 24th Street, west of
Calvert Street, as outlined in red on the plats accompanying
this ordinance, be and they are hereby authorized for use
as an open air off-street parking facility in the O-R-2 Zon-
ing District, pursuant to Sections 5.1-ld and 11.0-6d of
Article 30 of the Baltimore City Code (1966 Edition),
title "The Zoning Ordinance of Baltimore City" (Ordi-
nance No. 1051), approved April 20, 1971.
SEC. 2. And be it further ordained, That upon passage
of this ordinance by the City Council, as evidence of the
authenticity of the plat which is a part hereof and in order
to give notice to the departments which are administering
the Zoning Ordinance, the President of the City Council
shall sign the plat, and when the Mayor approves the ordi-
nance, he shall sign the plat. The City Treasurer shall then
transmit a copy of the ordinance and one of the plats to
the following : the Board of Municipal and Zoning Appeals,
the Planning Commission, the Commissioner of the De-
partment of Housing and Community Development, the
Commissioner of Transit and Traffic, and the Zoning Ad-
ministrator.
Sec. 3. And be it further ordained, That this ordinance
shall take effect thirty days from the date of its passage.
Approved March 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
158 ORDINANCES Ord. No. 681
No. 681
(Council No. 1182)
An Ordinance to authorize the establishment, maintenance
and operation of housing for the elderly, containing 100
dwelling units on the property lying north of Harlem
Avenue and east of North Arlington Avenue, as shown
outlined in red on the AMENDED plats accompanying
this ordinance, this ordinance being ordained under the
provisions of Sections 4.8-ld and 11.0-6d of Article 30
of the Baltimore City Code (1966 Edition), title "Zoning
Ordinance of Baltimore City," as ordained by Ordinance
1051, approved April 20, 1971, and as amended by Ordi-
nance 1202, approved November 29, 1971.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the Mayor and City Council of Baltimore
hereby authorizes the establishment, maintenance, and
operation of housing for the elderly, containing 100 dwelling
units on the property lying north of Harlem Avenue and
east of North Arlington Avenue, as shown outlined in red
on the AMENDED plats accompanying this ordinance, un-
der and pursuant to the provisions of Sections 4.8-ld and
11.0-6d of Article 30 of the Baltimore City Code (1966
Edition), title "Zoning Ordinance of Baltimore City," as
ordained by Ordinance 1051, approved April 20, 1971, and
as amended by Ordinance 1202, approved November 29,
1971.
Sec. 2. And be it further ordained, That upon passage of
this ordinance by the City Council, as evidence of the au-
thenticity of the plat which is a part hereof, and in order to
give notice to the departments which are administering the
Zoning Ordinance, the President of the City Council shall
sign the plat, and when the Mayor approves the ordinance
he shall sign the Plat, The City Treasurer shall then trans-
mit a copy of the ordinance and one of the plats to the
following: the Board of Municipal and Zoning Appeals, the
Planning Commission, the Commissioner of the Department
of Housing and Community Development, the Commissioner
of Transit and Traffic, and the Zoning Administrator.
ORDINANCES 159
Sec. 3. And be it further ordained, That this ordinance
shall take effect thirty days from the date of its passage.
Approved March 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 682
(Council No. 1287)
An Ordinance authorizing the acquisition by purchase or
condemnation by the Mayor and City Council of Balti-
more of the fee simple interests or such other interests as
the Director of The Department of Public Works may
deem necessary or sufficient, in and to certain pieces or
parcels of land situate in Baltimore City, for public high-
way purposes, namely for the opening, widening, grading,
construction and maintenance of St. Thomas Avenue,
extending from Findlay Road, Southeasterly, to Plain-
field Avenue and authorizing the acquisition by purchase
or condemnation of any property, rights, interests, ease-
ments and/or franchises necessary in the opening, widen-
ing, grading, construction and maintenance of said St.
Thomas Avenue; and authorizing the making of all
necessary agreements concerning said St. Thomas Ave-
nue; and authorizing the construction of said St. Thomas
Avenue; the location and course of said St. Thomas Ave-
nue being shown on a plat thereof numbered 117-A-2,
Sheets 1, 16, 7 & 4 of 17, prepared by the Surveys and
Records Division and filed in the Office of the Director of
The Department of Public Works on the Twenty-second
(22nd) day of September, 1976.
Section I.Beit ordained by the Mayor and City Council
of Baltimore, That it is necessary to acquire by purchase
or condemnation for public highway purposes, namely, for
the opening, widening, grading, construction and mainte-
nance of St. Thomas Avenue, extending from Findlay Road,
southeasterly to Plainfield Avenue; the fee simple interests
or such other interests as the Director of The Department
160 ORDINANCES Ord. No. 682
of Public Works may deem necessary, in and to the pieces
or parcels of land, situate in Baltimore City, including the
improvements thereon, bounded as follows:
Portion of the property known as No. 4601 Mannasota
Avenue, Beginning for the same at the point formed by
the intersection of the northeast side of St. Thomas Avenue,
as now laid out varying in width, and the southeast side of
Mannasota Avenue, as now laid out varying in width, said
point of beginning being the beginning of the parcel of land
conveyed by Philip N. Brownstein, Federal Housing Com-
missioner to John Michael Wild and Wife by deed dated
March 12, 1964 and recorded among the Land Records of
Baltimore City in Liber J.F.C. No. 1660, Folio 101 and run-
ning thence binding on the southeast side of said Mannasota
Avenue and on the first line of said deed, there situate,
Northeasterly 50.52 feet; thence binding on part of the
second line of said deed, Southeasterly 5 feet, more or less,
to intersect a line drawn parallel with and distant 5.00 feet
southeasterly measured at right angles from the southeast
side of said Mannasota Avenue; thence binding on said
line so drawn and on the southeast side of Mannasota
Avenue, 40 feet wide, South 33°-14'-20" West 29 feet, more
or less, to the east side of Mannasota Avenue, as realigned
and widened varying in width; thence binding on the east
side of last said Mannasota Avenue by a line curving to the
left with a radius of 15.00 feet the distance of 20.07 feet
which arc is subtended by a chord bearing South 05°-06'-
02.5" East 18.61 feet to intersect the northeast side of St.
Thomas Avenue, as realigned and widened to a width of 40
feet; thence binding on the northeast side of last said St.
Thomas Avenue, South 43°-26'-25" East 93 feet, more or
less, to intersect the third line of said deed; thence binding
on part of the third line of said deed, to the end thereof,
Southwesterly 4 feet, more or less, to the northeast side of
St. Thomas Avenue mentioned firstly herein and thence
binding on the northeast side of St. Thomas Avenue men-
tioned firstly herein and on the last line of said deed, there
situate, Northwesterly 108.42 feet to the place of beginning.
Containing 1046 square feet of land, more or less.
Portion of the property known as No. 4522 Mannasota
Avenue, Beginning for the same at the point formed by the
ORDINANCES 161
intersection of the southwest side of St. Thomas Avenue,
as now laid out varying in width, and the northwest side of
Mannasota Avenue, as now laid out varying in width, and
running thence binding on the northwest side of said Manna-
sota Avenue, Southwesterly 22 feet, more or less, to the west
side of Mannasota Avenue, as realigned varying in width;
thence binding on the west side of last said Mannasota
Avenue, North 04°-51'-45" West 12.46 feet to intersect the
southwest side of St. Thomas Avenue, as realigned and
widened to a width of 40 feet; thence binding on the south-
west side of last said St. Thomas Avenue by a line curving
to the right with a radius of 3259.08 feet the distance of
23.06 feet which arc is subtended by a chord bearing North
43°-27'-19" West 23.06 feet to a bend on the southwest side
of last said St. Thomas Avenue;
thence continuing to bind on the southwest side of last said
St. Thomas Avenue, North 43°-26'-25" West 110.74 feet to
another bend on the southwest side of St. Thomas Avenue,
as realigned and widened varying in width; thence binding
on the southwest side of last said St. Thomas Avenue,
northwesterly by a line curving to the left with a radius
of 820.32 feet the distance of 33 feet, more or less, to inter-
sect the last line of the second parcel of land conveyed by
Frank J. Kraus and Wife to Irma N. Kulishek by deed
dated October 30, 1968 and recorded among the Land
Records of Baltimore City in Liber R.H.B. No. 2440,
Folio 263; thence binding on part of the last line of the
second parcel of land described in said deed, to the end
thereof, Northeasterly 3 feet, more or less, to the south-
west side of St. Thomas Avenue, as now laid out 40 feet
wide, and thence binding on the southwest side of last
said St. Thomas Avenue and on the first line of the second
parcel of land described in said deed, there situate, South-
easterly 20 feet to the southwest side of St. Thomas Avenue
mentioned firstly herein and thence binding on the south-
west side of St. Thomas Avenue mentioned firstly herein and
on part of the last line of the first parcel of land described in
said deed, there situate, Southeasterly 153 feet, more or
less, to the place of beginning.
Containing 1431 square feet of land, more or less.
Portion of the property known as Lot 16A of Block
5963A, Beginning for the same at a point on the southwest
162 ORDINANCES Ord. No. 682
side of St. Thomas Avenue, as now laid out varying in
width, said point of beginning being the beginning of the
twentieth line of the parcel of land conveyed by The
Whiteley-Pratt Company to David Brown by deed dated
June 10, 1953 and recorded among the Land Records of
Baltimore City in Liber M.L.P. No. 9181, Folio 283 and
running thence binding on the southwest side of said St.
Thomas Avenue and on the twentieth line of said deed,
there situate, Southeasterly 40 feet; thence binding on
part of the twenty-first line of said deed, Southwesterly
6 feet, more or less, to intersect the southwest side of St.
Thomas Avenue, as widened on the southwest side thereof
from a varying width to a width of 40 feet; thence binding
on the southwest side of last said St. Thomas Avenue,
North 46°-44'-24" West 40 feet, more or less, to intersect
the nineteenth line of said deed and thence binding on part
of the nineteenth line of said deed, to the end thereof, North-
easterly 6 feet, more or less, to the place of beginning.
Containing 240 square feet of land, more or less.
Portion of the property known as No. 4400/10 Moravia
Road, Beginning for the same at a point on the southwest
side of St. Thomas Avenue, as now laid out varying in width,
said point of beginning being the beginning of the seventh
line of the first parcel of land conveyed by Burton M.
Greenstein to David S. Brown and Wife "Etal" by deed
dated February 7, 1969 and recorded among the Land Rec-
ords of Baltimore City in Liber R.H.B. No. 2478, Folio 486
and running thence binding on the southwest side of said
St. Thomas Avenue and on the seventh line of the first
parcel of land described in said deed, there situate, South-
easterly 146.46 feet to intersect the southwest side of Plain-
field Avenue, as now laid out varying in width; thence
binding on the southwest side of said Plainfield Avenue
and on part of the eighth line of the first parcel of land
described in said deed, there situate, southeasterly by a line
curving to the right with a radius of 100.00 feet the distance
of 53 feet, more or less, to intersect the southwest side
of St. Thomas Avenue, as realigned and widened on the
southwest side thereof varying in width; thence binding
on the southwest side of last said St. Thomas Avenue by a
line curving to the left with a radius of 80.37 feet the dis-
tance of 34.21 feet which arc is subtended by a chord bearing
ORDINANCES 163
North 34°-32'-40.5" West 33.96 feet to the southwest side
of St. Thomas Avenue, as widened on the southwest side
thereof from a varying width to a width of 40 feet; thence
binding on the southwest side of last said St. Thomas Ave-
nue, North 46°-44'-24" West 164 feet, more or less, to inter-
sect the sixth line of the first parcel of land described in
said deed; thence binding on part of the sixth line of the
first parcel of land described in said deed, to the end
thereof, Northeasterly 7 feet, more or less, to the place of
beginning.
Containing 1162 square feet of land, more or less.
Including all property, rights, interests, easements and/
or franchises necessary in the opening, widening, grading,
construction and maintenance of said St. Thomas Avenue,
the location and course of said St. Thomas Avenue being
shown on a plat thereof numbered 117-A-2, Sheets 1, 16,
7 & 4 of 17, prepared by the Surveys and Records Division
and filed in the office of The Director of The Department of
Public Works on the Twenty-second (22nd) day of Septem-
ber, 1976.
Any mention or reference to any streets, roads, avenues,
highways or alleys in this ordinance or on the plat referred
to herein are for the purpose of description only, and shall
not be held or taken to be any evidence whatever that said
streets, roads, avenues, highways, alleys or any of them,
are public, dedicated or private thoroughfares.
SEC. 2. And be it further ordained, That the Director of
The Department of Public Works or the person or persons
the Board of Estimates of Baltimore City may hereafter
from time to time designate, is or are hereby authorized
to acquire on behalf of the Mayor and City Council of Bal-
timore, and for the purposes described in this ordinance,
the fee simple interests or such other interests as the said
Director may deem necessary or sufficient, in and to said
pieces or parcels of land and improvements thereupon, in-
cluding all property, rights, interests, easements and/or
franchises necessary in the opening, widening, grading, con-
struction and maintenance of said St. Thomas Avenue. If
the said Director of The Department of Public Works, or
person or persons the Board of Estimates of Baltimore
164 ORDINANCES Ord. No. 682
City may designate are unable to agree with the owner or
owners on the purchase price of any of the said pieces or
parcels of land and improvements thereupon or for any
of the said properties, rights, interests, easements and/or
franchises, they shall forthwith notify the City Solicitor of
Baltimore City who shall thereupon institute in the name
of the Mayor and City Council of Baltimore the necessary
legal proceedings to acquire by condemnation the fee simple
interests or such other rights, interests, easements and/or
franchises as the said Director may deem necessary or
sufficient for the purposes of said St. Thomas Avenue
Project.
Sec. 3. And be it further ordained, That the proceedings
for the acquisition by condemnation of the property and
rights herein described and the rights of all parties in-
terested or affected thereby shall be regulated by and be in
accordance with the provisions of The Real Property Ar-
ticle of the Annotated Code of Maryland (1974), Title 12,
Governments, e* any e£ their agencies, an4 any other pe*-
SECTION 101 ET SEQ. AND ANY AND ALL AMEND-
MENTS THERETO.
Sec. 4. And be it further ordained, That the said Director
of The Department of Public Works or person or persons
the Board of Estimates of Baltimore City may designate
are also hereby authorized to negotiate for and to enter into
in the name of the Mayor and City Council of Baltimore,
any and all necessary agreements with the Federal and State
Governments, or any of their agencies, and any other per-
sons, firms, or corporations, in aid of, in furtherance of, or
in connection with said St. Thomas Avenue Project; all such
acquisitions and agreements to be subject to the approval
of the Board of Estimates.
Sec. 5. And be it further ordained, That after the neces-
sary agreements have been made and the necessary prop-
erties, lands, rights, easements and/or franchises have been
acquired as hereinbefore provided, the Director of The De-
partment of Public Works of Baltimore City is hereby au-
thorized and directed to construct or cause to be con-
structed the said St. Thomas Avenue Project, all in
accordance with detailed plans hereafter to be prepared
ORDINANCES 165
therefore and after said plans have been approved by the
said Director of The Department of Public Works.
SEC. 6. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved March 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 683
(Council No. 1288)
An Ordinance authorizing the acquisition by purchase or
condemnation by the Mayor and City Council of Balti-
more of the fee simple interests or such other interests as
the Director of The Department of Public Works may
deem necessary or sufficient, in and to certain pieces or
parcels of land situate in Baltimore City, for public high-
way purposes, namely for the opening, widening, grading,
construction and maintenance of (1) Furley Avenue, ex-
tending from Belair Road, southeasterly, to a point 479
feet, more or less, southeast of Greenhill Avenue and (2)
Mannasota Avenue, extending from Furley Avenue,
northeasterly, to Raymar Avenue and authorizing the ac-
quisition by purchase or condemnation of any property,
rights, interests, easements and/or franchises necessary
in the opening, widening, grading, construction and main-
tenance of said Furley Avenue and said Mannasota Ave-
nue; and authorizing the making of all necessary agree-
ments concerning said Furley Avenue and said Mannasota
Avenue; and authorizing the construction of said Furley
Avenue and said Mannasota Avenue; the location and
course of said Furley Avenue and said Mannasota Avenue
being shown on plats thereof numbered 117-A-4, sheets
60, 8 & 10 of 62, H.A. 25-859, and 117-A-l, sheet 4
of 13, prepared by the Surveys and Records Division and
filed in the Office of the Director of The Department of
Public Works on the Seventeenth (17th) day of Septem-
ber, 1976, the Twenty-ninth (29th) day of March, 1976
166 ORDINANCES Ord. No. 683
and the Seventeenth (17th) day of September, 1976,
respectively.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That it is necessary to acquire by purchase or
condemnation for public highway purposes, namely, for
the opening, widening, grading, construction and mainte-
nance of (1) Furley Avenue, extending from Belair Road,
southeasterly, to a point 479 feet, more or less, southeast of
Greenhill Avenue and (2) Mannasota Avenue, extending
from Furley Avenue, northeasterly, to Raymar Avenue; the
fee simple interests or such other interests as the Director
of The Department of Public Works may deem necessary, in
and to the pieces or parcels of land, situate in Baltimore
City, including the improvements thereon, bounded as
follows :
Portion of the property known as No. 4633 Asbury Ave-
nue, Beginning for the same at the point formed by the
intersection of the southeast side of Asbury Avenue, as now
laid out 30 feet wide, and the southwest side of Furley Ave-
nue, as now laid out varying in width, said point of begin-
ning being the beginning of the parcel of land conveyed by
Dorothy L. Thomas to Leonard Catalano Jr. and Wife by
deed dated September 17, 1971 and recorded among the
Land Records of Baltimore City in Liber R.H.B. No. 2831
Folio 32 and running thence binding on the southwest side
of said Furley Avenue and reversely on the last line of said
deed, there situate, Southeasterly 94.01 feet; thence binding
reversely on part of the third line of said deed, Southwest-
erly 6 feet, more or less, to intersect the southwest side of
Furley Avenue, as realigned and widened to a width of 40
feet; thence binding on the southwest side of last said
Furley Avenue, North 55°-12'-28" West 88 feet, more or
less, to intersect the south side of Asbury Avenue, as re-
aligned; thence binding on the south side of last said Asbury
Avenue, South 82°-05'-49" West 10.28 feet to intersect the
southeast side of Asbury Avenue mentioned firstly herein
and thence binding on the southeast side of Asbury Avenue
mentioned firstly herein and reversely on part of the first
line of said deed, to the beginning thereof, there situate,
Northeasterly 10.12 feet to the place of beginning.
ORDINANCES 167
Containing 449 square feet of land, more or less.
Portion of the property known as No. 4304 Furley Ave-
nue, Beginning for the same at a point on the northeast
side of Furley Avenue, as now laid out varying in width,
said point of beginning being the beginning of the parcel of
land conveyed by Willis Ray Stafford to Bertha E. Pitcher
"Etal" by deed dated March 29, 1960 and recorded among
the Land Records of Baltimore City in Liber J.F.C. No. 840
Folio 53 and running thence binding on part of the first
line of said deed, Northeasterly 10 feet, more or less, to
intersect the northeast side of Furley Avenue, as realigned
and widened to a width of 40 feet; thence binding on the
northeast side of last said Furley Avenue the two following
courses and distances; namely, Southeasterly by a line curv-
ing to the left with a radius of 2356.79 feet the distance of
3 feet, more or less, and South 57°-37'-05" East 53 feet,
more or less, to intersect the third line of said deed; thence
binding on part of the third line of said deed, to the end
thereof, Southwesterly 10 feet, more or less, to the north-
east side of Furley Avenue mentioned firstly herein and
thence binding on the northeast side of Furley Avenue
mentioned firstly herein and on the last line of said deed,
there situate, Northwesterly 56 feet to the place of begin-
ning.
Containing 560 square feet of land, more or less.
Portion of the property known as No. 4310 Furley Ave-
nue, Beginning for the same at the point formed by the
intersection of the northwest side of Mannasota Avenue, as
now laid out 30 feet wide, and the northeast side of Furley
Avenue, as now laid out varying in width and running
thence binding on the northeast side of said Furley Ave-
nue and on part of the first line of the parcel of land con-
veyed by Alpheus T. Hilton and Wife to Bruno E. Chmielew-
ski and Wife by deed dated March 4, 1955 and recorded
among the Land Records of Baltimore City in Liber M.L.P.
No. 9729 Folio 64, to the end thereof, there situate, North-
westerly 97.75 feet; thence binding on part of the second
line of said deed, Northeasterly 11 feet, more or less, to
intersect the northeast side of Furley Avenue, as realigned
and widened to a width of 40 feet; thence binding on the
northeast side of last said Furley Avenue the two following
courses and distances; namely, South 57°-37'-05" East 52
168 ORDINANCES Ord. No. 683
feet, more or less, and by a line curving to the right with
a radius of 6705.93 feet the distance of 32.61 feet which arc
is subtended by a chord bearing South 57°-28'-43.5" East
32.61 feet to the north side of Furley Avenue, as realigned
and widened varying in width; thence binding on the north
side of last said Furley Avenue, North 79°-53'-25" East
10.32 feet to intersect a line drawn parallel with the distant
5.00 feet northwesterly, measured at right angles from the
northwest side of said Mannasota Avenue; thence binding
on said line so drawn and on the northwest side of Manna-
sota Avenue, 40 feet wide, North 37°-05'-20" East 87 feet,
more or less, to intersect the third line of said deed; thence
binding on part of the third line of said deed, Southeasterly
5 feet, more or less, to intersect the northwest side of
Mannasota Avenue mentioned firstly herein and thence
binding on the northwest side of Mannasota Avenue men-
tioned firstly herein, Southwesterly 107 feet, more or less,
to the place of beginning.
Containing 1669 square feet of land, more or less.
Portion of the property known as No. 4501 Furley Ave-
nue, Beginning for the same at the point formed by the
intersection of the southeast side of Greenhill Avenue, as
now laid out 35 feet wide and the southwest side of Furley
Avenue, laid out 30 feet wide, said point of beginning being
the beginning of the parcel of land conveyed by Andrew
Robert Goss and Wife to Richard P. Brusca and Wife by
deed dated November 10, 1950 and recorded among the
Land Records of Baltimore City in Liber M.L.P. No. 8278
Folio 103 and running thence binding on the southwest side
of said Furley Avenue, and on the first line of said deed,
there situate, as now surveyed, South 56°-45'-40" East 28
feet, more or less; thence binding on part of the second
line of said deed, South 33°-14'-20" West 5 feet, more or
less, to intersect the southwest side of Furley Avenue, as
widened on the southwest side thereof from its former
width of 30 feet to a width of 40 feet; thence binding on
the southwest side of last said Furley Avenue, North 56°-
45'-40" West 16 feet, more or less; thence binding on the
south side of Furley Avenue, as realigned, South 78°-14'-18"
West 9.90 feet to a line drawn parallel with and distant
5.00 feet southeasterly, measured at right angles from the
southeast side of said Greenhill Avenue; thence binding on
ORDINANCES 169
said line so drawn, South 33°-14'-20" West 80.38 feet to
intersect the third line of said deed ; thence binding on part
of the third line of said deed, to the end thereof, as now
surveyed, North 56°-45'-40" West 5.00 feet to the southeast
side of said Greenhill Avenue and thence binding on the
southeast side of said Greenhill Avenue and on the last
line of said deed, there situate, as now surveyed, North
33°-14'-20" East 93.00 feet to the place of beginning.
Containing 610 square feet of land, more or less.
Portion of the property known as No. 4802 Mannasota
Avenue, Beginning for the same at a point on the north-
west side of Mannasota Avenue, as now laid out 30 feet
wide, said point of beginning being the beginning of the
parcel of land conveyed by Carolyn P. Malone to John J.
Novotny "Etal" by deed dated February 24, 1962 and re-
corded among the Land Records of Baltimore City in Liber
J.F.C. No. 1238, Folio 303 and running thence binding
reversely on part of the last line of said deed, Northwesterly
5 feet to intersect a line drawn parallel with and distant
5.00 feet northwesterly, measured at right angles from the
northwest side of said Mannasota Avenue; thence binding
on said line so drawn and on the northwest side of Manna-
sota Avenue, 40 feet wide, North 37°-05'-20" East 11 feet,
more or less, to intersect the southwest side of the con-
crete porch of the 2% story frame building situate on the
property known as No. 4802 Mannasota Avenue; thence
binding on the said southwest side, the southeast and
northeast sides of said concrete porch the three following
courses and distances ; namely, South 53°-44'-24" East 0.48
feet, North 36°-58'-47" East 37.35 feet and North 46°-
03'-04" West 0.41 feet to intersect the said line drawn
parallel with and distant 5.00 feet northwesterly, measured
at right angles from the northwest side of Mannasota Ave-
nue mentioned firstly herein; thence binding on said line
so drawn and on the northwest side of Mannasota Avenue,
40 feet wide, North 37°-05'-20" East 12 feet, more or less,
to intersect the second line of said deed; thence binding
reversely on part of the second line of said deed, to the
beginning thereof, Southeasterly 5 feet to the northwest
side of Mannasota Avenue mentioned firstly herein and
thence binding on the northwest side of Mannasota Ave-
nue mentioned firstly herein and reversely on the first line
170 ORDINANCES Ord. No. 683
of said deed, there situate, Southwesterly 60 feet to the
place of beginning.
Containing 283 square feet of land, more or less.
Including all property, rights, interests, easements and/
or franchises necessary in the opening, widening, grading,
construction and maintenance of said Furley Avenue and
said Mannasota Avenue, the location and course of said
Furley Avenue and said Mannasota Avenue being shown
on plats thereof numbered 117-A-4, sheets 60, 8, & 10 of 62,
H.A. 25-859, and 117-A-l, sheet 4 of 13, prepared by the
Surveys and Records Division and filed in the office of The
Director of The Department of Public Works on the Seven-
teenth (17th) day of September, 1976, the Twenty-ninth
(29th) day of March, 1976 and the Seventeenth (17th)
day of September, 1976, respectively.
Any mention or reference to any streets, roads, avenues,
highways or alleys in this ordinance or on the plats referred
to herein are for the purpose of description only, and shall
not be held or taken to be any evidence whatever that said
streets, roads, avenues, highways, alleys or any of them,
are public, dedicated or private thoroughfares.
Sec. 2. And be it further ordained, That the Director of
The Department of Public Works or the person or persons
the Board of Estimates of Baltimore City may hereafter
from time to time designate, is or are hereby authorized to
acquire on behalf of the Mayor and City Council of Balti-
more, and for the purposes described in this ordinance,
the fee simple interests or such other interests as the said
Director may deem necessary or sufficient, in and to said
pieces or parcels of land and improvements thereupon, in-
cluding all property, rights, interests, easements and/or
franchises necessary in the opening, widening, grading,
construction and maintenance of said Furley Avenue and
said Mannasota Avenue. If the said Director of the Depart-
ment of Public Works, or person or persons the Board of
Estimates of Baltimore City may designate are unable to
agree with the owner or owners on the purchase price of any
of the said pieces or parcels of land and improvements there-
upon or for any of the said properties, rights, interests, ease-
ments and/or franchises, they shall forthwith notify the
City Solicitor of Baltimore City who shall thereupon insti-
ORDINANCES 171
tute in the name of the Mayor and City Council of Bal-
timore the necessary legal proceedings to acquire by
condemnation the fee simple interests or such other rights,
interests, easements and/or franchises as the said Director
may deem necessary or sufficient for the purposes of said
Furley Avenue Project and Mannasota Avenue Project.
Sec. 3. And be it further ordained, That the proceedings
for the acquisition by condemnation of the property and
rights herein described and the rights of all parties inter-
ested or affected thereby shall be regulated by and be in
accordance with the provisions of The Real Property Ar-
ticle of the Annotated Code of Maryland (1974), Title 12,
Section 101 Et Seq. and any and all amendments thereto.
SEC. 4. And be it further ordained, That the said Director
of The Department of Public Works or person or persons
the Board of Estimates of Baltimore City may designate
are also hereby authorized to negotiate for and to enter into
in the name of the Mayor and City Council of Baltimore, any
and all necessary agreements with the federal and state
Governments, or any of their agencies, and any other per-
sons, firms or corporations, in aid of, in furtherance of, or
in connection with said Furley Avenue Project and Manna-
sota Avenue Project; all such acquisitions and agreements
to be subject to the approval of the Board of Estimates.
Sec. 5. And be it further ordained, That after the neces-
sary agreements have been made and the necessary proper-
ties, lands, rights, easements and/or franchises have been
acquired as hereinbefore provided, the Director of The
Department of Public Works of Baltimore City is hereby
authorized and directed to construct or cause to be con-
structed the said Furley Avenue Project and Mannasota
Avenue Project, all in accordance with detailed plans here-
after to be prepared therefore and after said plans have
been approved by the said Director of the Department of
Public Works.
Sec. 6. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved March 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
172 ORDINANCES Ord. No. 684
No. 684
(Council No. 1341)
An Ordinance authorizing the Mayor and City Council of
Baltimore to sell at either public or private sale in ac-
cordance with Article V, Section 5(b) of the City Charter,
all of the interest of the Mayor and City Council of Bal-
timore in and to all those six parcels of land being (1)
the former bed of Plainfield Avenue, 50 feet wide, from
Woodlea Avenue to Valley View Avenue, (2), (3) and
(4) being portions of the former bed of Taylor Avenue,
varying in width, in the vicinity of Deckerts Lane, (5)
the former bed of Sulphur Spring Road, varying in width,
in the vicinity of Joh Avenue and (6) the former bed of
Georgetown Road, varying in width, in the vicinity of
Joh Avenue. Said properties being no longer needed for
Public use.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the Comptroller of Baltimore City be
and he is hereby authorized to sell at either public or private
sale in accordance with Article V Section 5(b) of the City
Charter, all of the interest of the Mayor and City Council of
Baltimore in and to those six parcels of land situate in
Baltimore, Maryland, and described as follows :
PARCEL NO. 1
BEGINNING for the same at the point formed by the
intersection of the southeast side of the former bed of Plain-
field Avenue, 50 feet wide, as condemned and closed under
Ordinance No. 952, approved July 9, 1975 by the Mayor and
City Council of Baltimore and the northeast side of Wood-
lea Avenue, 50 feet wide, and running thence binding on the
northeast side of said Woodlea Avenue, Northwesterly 50
feet, more or less, to intersect the northwest side of the
former bed of said Plainfield Avenue; thence binding on the
northwest side of the former bed of said Plainfield Avenue,
Northeasterly 265 feet, more or less, to intersect the
southwest side of Valley View Avenue, 50 feet wide; thence
binding on the southwest side of said Valley View Avenue,
Southeasterly 50 feet, more or less, to intersect the southeast
side of the former bed of said Plainfield Avenue and thence
ORDINANCES 173
binding on the southeast side of the former bed of said
Plainfield Avenue, Southwesterly 265 feet, more or less, to
the place of beginning.
PARCEL NO. 2
BEGINNING for the same at the point formed by the
intersection of the northeast side of the former bed of
Taylor Avenue, varying in width, as condemned and closed
under Ordinance No. 952, approved July 9, 1975 by the
Mayor and City Council of Baltimore and the northeast
side of Taylor Avenue, 50 feet wide, and running thence
binding on the northeast side of the former bed of said
Taylor Avenue, varying in width, as condemned and closed,
South 51°-41'-40" East 169.99 feet to intersect the north-
west side of Deckerts Lane, 50 feet wide; thence binding on
the northwest side of said Deckerts Lane the two following
courses and distances; namely, by a line curving to the left
with the radius of 192.279 feet the distance of 37.06 feet
which arc is subtended by a chord bearing South 73°-38'-22"
West 37.00 feet and South 68°-07'-06" West 30.16 feet to
intersect the northeast side of Taylor Avenue, 50 feet wide,
and thence binding on the northeast side of last said Taylor
Avenue, by a line curving to the left with a radius of 725.00
feet the distance of 145.24 feet which arc is subtended by
a chord bearing North 28°-49'-28" West 144.99 feet to the
place of beginning.
PARCEL NO. 3
BEGINNING for the same at the point formed by the
intersection of the east side of the former bed of Taylor
Avenue, varying in width, as condemned and closed under
Ordinance No. 952, approved July 9, 1975 by the Mayor and
City Council of Baltimore and the northeast side of Taylor
Avenue, 50 feet wide, and running thence binding on the
northeast side of Taylor Avenue, 50 feet wide, the two
following courses and distances; namely, by a line curving
to the right with a radius of 625.00 feet the distance of
91.18 feet which arc is subtended by a chord bearing North
26°-03'-44" West 91.10 feet and North 21°-52'-54" West 68.51
feet to intersect the southeast side of Deckerts Lane, 50
feet wide; thence binding on the southeast and south sides
of said Deckerts Lane the two following courses and dis-
tances; namely, North 68°-07'-06" East 30.00 feet and by a
174 ORDINANCES Ord. No. 684
line curving to the right with a radius of 142.279 feet the
distance of 35.64 feet which arc is subtended by a chord
bearing North 75°-17'-39" East 35.55 feet to intersect the
east side of the former bed of said Taylor Avenue, varying
in width, as condemned and closed and thence binding on
the east side of the former bed of last said Taylor Avenue,
South 01°-09'-12" East 165.64 feet to the place of begin-
ning.
PARCEL NO. 4
BEGINNING for the same at the point formed by the
intersection of the southwest side of the former bed of
Taylor Avenue, varying in width, as condemned and closed
under Ordinance No. 952, approved July 9, 1975 by the
Mayor and City Council of Baltimore and the southwest side
of Taylor Avenue, 50 feet wide, and running thence binding
on the southwest and west sides of the former bed of said
Taylor Avenue, varying in width, as condemned and closed,
the two following courses and distances; namely, North
66°-09'-35" West 211.43 feet and North 07°-20'-48" East
108.71 feet to intersect the southwest side of Taylor Ave-
nue, 50 feet wide, and thence binding on the southwest side
of last said Taylor Avenue, by a line curving to the left with
a radius of 675.00 feet the distance of 265.46 feet which
arc is subtended by a chord bearing South 42°-52'-55" East
263.76 feet to the place of beginning.
PARCEL NO. 5
BEGINNING for the same at the point formed by the
intersection of the south side of the former bed of Sulphur
Spring Road, varying in width, as condemned and closed
under Ordinance No. 952, approved July 9, 1975 by the
Mayor and City Council of Baltimore and the line of the
northeast side of Grantly Street, 50 feet wide, if projected
southeasterly and running thence binding reversely on
said line so projected, North 18°-14'-20" West 48 feet, more
or less, to intersect the north side of the former bed of said
Sulphur Spring Road; thence binding on the north side of
the former bed of said Sulphur Spring Road, Easterly
134.23 feet to intersect the south side of Jon Avenue,
80 feet wide; thence binding on the south and southeast
sides of said Joh Avenue the two following courses and
ORDINANCES 175
distances; namely, Easterly by a line curving to the left with
a radius of 858.51 feet the distance of 471 feet, more or less,
and North 61°-10'-00" East 16.07 feet to intersect the line
of the southwest side of Bloomfield Avenue, 50 feet wide,
if projected southeasterly; thence binding on last said line
so drawn, South 18°-14'-20" East 49.61 feet to intersect the
south side of the former bed of said Sulphur Spring Road
and thence binding on the south side of the former bed of
said Sulphur Spring Road, South 77°-12'-53" West 622.82
feet to the place of beginning.
PARCEL NO. 6
BEGINNING for the same at the point formed by the
intersection of the southeast side of the former bed of
Georgetown Road, varying in width, as condemned and
closed under Ordinance No. 952, approved July 9, 1975 by
the Mayor and City Council of Baltimore and the line of the
northeast side of Bloomfield Avenue, 50 feet wide, if
projected southeasterly and running thence binding re-
versely on said line so projected, North 18°-14'-20" West
82.17 feet to intersect the southeast side of Joh Avenue,
80 feet wide; thence binding on the southeast side of
said Joh Avenue, North 61°-10'-00" East 207.77 feet to the
south side of Joh Avenue, varying in width; thence binding
on the south side of last said Joh Avenue, by a line curving
to the right with a radius of 25.0 feet the distance of
29.92 feet which arc is subtended by a chord bearing South
84°-32'-31.5" East 28.17 feet to intersect the southeast side
of the former bed of said Georgetown Road and thence
binding on the southeast side of the former bed of said
Georgetown Road the two following courses and distances;
namely, South 46°-43'-20" West 239.41 feet and South
39°-50'-40" West 15.45 feet to the place of beginning.
PARCEL NO. 7
BEGINNING FOR THE SAME AT THE POINT
FORMED BY THE INTERSECTION OF THE SOUTH-
EAST SIDE OF WALTHER AVENUE, AS NOW LAID
OUT 100 FEET WIDE, AND THE NORTHEAST SIDE
OF THE WALTHER AVENUE-FLEETWOOD AVENUE
CONNECTION, AS NOW LAID OUT VARYING IN
WIDTH, AND RUNNING THENCE BINDING ON THE
176 ORDINANCES Ord. No. 684
SOUTHEAST SIDE OF SAID WALTHER AVENUE BY
A LINE CURVING TO THE LEFT WITH A RADIUS
OF 980.00 FEET THE DISTANCE OF 120.18 FEET
WHICH ARC IS SUBTENDED BY A CHORD BEARING
NORTH 49°-ll'-31" EAST 120.10 FEET TO INTERSECT
THE SEVENTH LINE OF THE PARCEL OF LAND
CONVEYED BY ERNEST MILLIONIE AND WIFE TO
THE MAYOR AND CITY COUNCIL OF BALTIMORE
BY DEED DATED DECEMBER 11, 1957 AND RE-
CORDED AMONG THE LAND RECORDS OF BALTI-
MORE CITY IN LIBER J.F.C. NO. 432, FOLIO 392;
THENCE BINDING ON PART OF THE SEVENTH LINE
OF THE PARCEL OF LAND DESCRIBED IN SAID
DEED, SOUTH 12°-25'-40" WEST 135.96 FEET TO IN-
TERSECT THE NORTHEAST SIDE OF SAID WAL-
THER AVENUE-FLEETWOOD AVENUE CONNEC-
TION, AND THENCE BINDING ON THE NORTHEAST
SIDE OF SAID WALTHER AVENUE-FLEETWOOD
AVENUE CONNECTION THE TWO FOLLOWING
COURSES AND DISTANCES; NAMELY, BY A LINE
CURVING TO THE RIGHT WITH A RADIUS OF 411.00
FEET THE DISTANCE OF 62.24 FEET WHICH ARC IS
SUBTENDED BY A CHORD BEARING NORTH 49°-41'-
18" WEST 62.18 FEET AND NORTH 45°-21'-00"; WEST
20.00 FEET TO THE PLACE OF BEGINNING.
BEING SUBJECT TO AGREEMENTS FOR RIGHT
OF WAY FOR SEWERS AND DRAINS, DATED MARCH
18, 1932 AND RECORDED AMONG THE LAND REC-
ORDS OF BALTIMORE CITY IN LIBER S.C.L. NO.
5307, FOLIO 142, AND APRIL 18, 1932 AND RECORDED
AMONG THE SAID LAND RECORDS IN LIBER S.C.L.
5297, FOLIO 83.
PARCEL NO. 8
BEGINNING FOR THE SAME AT A POINT ON THE
SOUTHEAST SIDE OF WALTHER AVENUE, AS NOW
LAID OUT 100 FEET WIDE, DISTANT 68 FEET,
MORE OR LESS, MEASURED SOUTHWESTERLY
ALONG THE SOUTHEAST SIDE OF SAID WALTHER
AVENUE FROM THE SOUTH SIDE OF NORTHERN
PARKWAY, AS NOW LAID OUT VARYING IN WIDTH,
SAID POINT OF BEGINNING ALSO BEING A POINT
ORDINANCES 177
ON THE FIFTH LINE OF THE PARCEL OF LAND
CONVEYED BY ERNEST MILLIONIE AND WIFE TO
THE MAYOR AND CITY COUNCIL OF BALTIMORE
BY DEED DATED DECEMBER 11, 1957 AND RE-
CORDED AMONG THE LAND RECORDS OF BALTI-
MORE CITY IN LIBER J.F.C. NO. 432, FOLIO 392, AND
RUNNING THENCE BINDING ON PART OF THE
FIFTH LINE OF THE PARCEL OF LAND DESCRIBED
IN SAID DEED, TO THE END THEREOF, SOUTHERLY
21 FEET, MORE OR LESS; THENCE BINDING ON
PART OF THE SIXTH LINE OF THE PARCEL OF
LAND DESCRIBED IN SAID DEED, AND ON THE
NORTHEAST SIDE OF A 10 FOOT ALLEY, THERE
SITUATE, NORTHWESTERLY 15 FEET, MORE OR
LESS, TO INTERSECT THE SOUTHEAST SIDE OF
SAID WALTHER AVENUE, AND THENCE BINDING
ON THE SOUTHEAST SIDE OF SAID WALTHER
AVENUE NORTHEASTERLY BY A LINE CURVING
TO THE LEFT WITH A RADIUS OF 980.00 FEET THE
DISTANCE OF 23 FEET, MORE OR LESS, TO THE
PLACE OF BEGINNING.
BEING SUBJECT TO AGREEMENTS FOR RIGHT
OF WAY FOR SEWERS AND DRAINS, DATED MARCH
18, 1932 AND RECORDED AMONG THE LAND REC-
ORDS OF BALTIMORE CITY IN LIBER S.C.L. NO.
5307, FOLIO 142, AND APRIL 18, 1932 AND RECORDED
AMONG THE SAID LAND RECORDS IN LIBER S.C.L.
5297, FOLIO 83.
Said properties being no longer needed for public use.
Sec. 2. Be it further ordained, That no deed or deeds
shall pass in accordance herewith until the same shall have
been first approved by the City Solicitor.
Sec. 3. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved March 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
178 ORDINANCES Ord. No. 685
No. 685
(Council No. 1413)
An Ordinance authorizing and providing for the issu-
ance, sale and delivery, by Mayor and City Council
of Baltimore (the "City") of its revenue bonds, des-
ignated "Residential Financing Revenue Bonds (Cold-
spring Loan Program)" in the aggregate principal
amount not exceeding $12,500,000 pursuant to the pro-
visions of Subsections (51) and (50) of Article II
of the Charter of Baltimore City (1964 Revision, as
amended) , in order to use the proceeds for the sole and
exclusive purpose of financing the Coldspring Loan Pro-
gram (as defined in this ordinance) for the Coldspring
Area (as defined in this ordinance) in the City of Balti-
more, including (without limitation) the purchase, the
contracting to purchase or the acquisition of mortgage
loans bearing interest rates below those generally pre-
vailing (at the time of purchase or contract to purchase)
in the private mortgage market (to the extent such a
market exists at that time) for loans of comparable
quality and term in the City of Baltimore, as provided
in this ordinance, for the public purpose of developing
readily available sources of money at low and moderate
cost for the Coldspring Loan Program (as defined in this
ordinance) for the Coldspring Area (as defined in this
ordinance) within the City of Baltimore; making certain
legislative findings, among others, concerning the public
benefit and purpose of such revenue bonds; providing
that such revenue bonds (a) shall be payable solely and
only from Revenue Bond Loan Program Revenues (as
defined in this ordinance) and (to the extent provided
by resolution of the Commissioners of Finance of the
City adopted pursuant to this ordinance) certain pro-
ceeds of such revenue bonds and (b) shall not ever
constitute, within the meaning of Section 7 of Article
XI of the Constitution of Maryland or any other consti-
tutional, statutory or charter provision or otherwise (i)
a debt or general obligation of the City or any other
political subdivision or (ii) a pledge of or an involve-
ment of the faith and credit or the taxing powers of the
City or any other political subdivision; authorizing and
ORDINANCES 179
empowering the Commissioners of Finance of the City
by resolution (i) to determine and set forth certain
matters pertaining to the revenue bonds, including
(without limitation) the form, terms, provisions (includ-
ing redemption provisions and sinking fund require-
ments, if any), manner or method of issuing and selling
(including negotiated as well as competitive bid sale),
and the time or times of issuance and any and all other
details of such revenue bonds, (ii) to do any and all
things necessary, proper or expedient in connection with
the issuance and sale of such revenue bonds, including
(without limitation) to prepare and distribute a prelimi-
nary and final official statement in connection with the
sale of such revenue bonds, to determine the date, time
and place when an underwriting agreement or purchase
agreement shall be submitted by the underwriters for
such revenue bonds or the purchasers of such revenue
bonds and to determine certain of the terms of such an
agreement, to determine the interest rate or rates to be
paid by the City on such revenue bonds and to appoint
a trustee for such revenue bonds, and (iii) to approve
the form of a trust agreement between the City and the
trustee, which trust agreement may (a) pledge or assign
all or any part of the security for such revenue bonds,
(b) contain reasonable and proper provisions for the
protection and enforcement of the rights and remedies
of the holders of such revenue bonds, (c) set forth the
rights and remedies of the holders of such revenue bonds
and of the trustee and may restrict the individual right
of action by the holders of such revenue bonds, and (d)
contain whatever other provisions are deemed reasonable
and proper for the security of the holders of such reve-
nue bonds; providing that all or a portion of such
revenue bonds may be refunded pursuant to a subsequent
ordinance of the City; and generally providing for and
determining various matters in connection with the
authorization, issuance, security, sale and payment of
such revenue bonds.
RECITALS
A. Subsection (51) — Loans to Facilitate Low and Moder-
ate Cost Residential Mortgage Financing Within the
180 ORDINANCES Ord. No. 685
City, of Article II of the Charter of Baltimore City (1964
Revision, as amended) ("Subsection 51") authorizes
Mayor and City Council of Baltimore (the "City") to
borrow money by the issuance and sale of its revenue
bonds and to utilize the proceeds of the bonds to develop
an owner-occupancy residential mortgage loan program
in the City of Baltimore, Maryland ("Baltimore") to
provide readily available sources of money at low and
moderate cost for such residential mortgage loans within
Baltimore through the purchase, contracting to purchase
or other acquisition of mortgage loans (i) bearing inter-
est rates below those generally prevailing (at the time
of purchase or contract to purchase) in the private
mortgage market (to the extent such a market exists at
that time) for loans of comparable quality and term in
Baltimore and (ii) having whatever other terms and
characteristics as may be determined by the City. Sub-
section (51) requires that revenue bonds authorized
thereunder shall be issued pursuant to Subsection (50)
— Revenue Bonds and Obligations, of the Charter of Bal-
timore City (1964 Revision, as amended) .
B. Subsection (50) — Revenue Bonds and Obligations, of
Article II of the Charter of Baltimore City (1964 Revi-
sion, as amended) ("Subsection (50)") authorizes the
City to borrow money through the issuance and sale of
its revenue bonds for the accomplishment of any of the
purposes, objects and powers of the City. Revenue bonds
issued pursuant to Subsection (50) shall be payable, as
to both principal and interest, solely from and secured
solely by (i) the revenues from or arising in connection
with the property, facilities, developments and improve-
ments whose financing is undertaken by issuance of the
bonds, (ii) the revenues from or arising in connection
with any contracts, mortgages or other securities pur-
chased or otherwise acquired with the proceeds of the
bonds, (iii) the contracts, mortgages or other securities
purchased or otherwise acquired with the proceeds of
the bonds, or (iv) any combination of (i), (ii) or (iii).
C. Subsection (50) further authorizes the City to author-
ize and empower the Commissioners of Finance of the
City (the "Commissioners of Finance") by resolution
(i) to determine and set forth certain matters pertain-
ORDINANCES 181
ing to the revenue bonds, including (without limitation)
the form, terms, provisions, manner or method of
issuing and selling (including negotiated as well as com-
petitive bid sale), and the time or times of issuance and
any and all other details of such revenue bonds, (ii) to
do any and all things necessary, proper or expedient in
connection with the issuance and sale of such revenue
bonds, and (iii) to approve the form of a trust agree-
ment between the City and the trustee, which trust
agreement may (a) pledge or assign all or any part of
the security for such bonds, (b) contain reasonable and
proper provisions for the protection and enforcement of
the rights and remedies of the holders of such bonds, (c)
set forth the rights and remedies of the holders of such
bonds and of the trustee and may restrict the individual
rights of action by the holders of the bonds, and (d)
contain whatever other provisions are deemed reasonable
and proper for the security of the holders of such bonds.
D. Subsection (51) and Subsection (50) are referred to
herein collectively as the "Enabling Laws".
E. Subsection (51) declares, among other things, that
borrowing money thereunder by the issuance of revenue
bonds shall be for the essential public purpose of (i)
preserving a healthy and viable economy within Balti-
more, (ii) encouraging and facilitating the creation or
maintenance of a healthy and ready market for residen-
tial real estate in Baltimore, (iii) encouraging and
facilitating the purchase of residential real property in
Baltimore in order to maintain and encourage growth in
real property assessments in Baltimore, and (iv) pre-
serving the public health, safety and welfare of the resi-
dents of Baltimore by enabling residents of Baltimore of
all income levels to finance readily their housing needs
in Baltimore, thus discouraging the proliferation of va-
cant and substandard housing in Baltimore and retard-
ing or reversing the movement of financially self suffi-
cient taxpayers to surrounding subdivisions.
F. The City established and enacted an urban renewal
area known as the Coldspring Neighborhood Develop-
ment Program Urban Renewal Area (the "Coldspring
Area") by the adoption of Ordinance No. 242 of the City,
approved January 8, 1973, as amended by Amendment
182 ORDINANCES Ord. No. 68S
No. 1, dated February 27, 1975, approved by the City by
Ordinance No. 847, approved April 7, 1975, and Amend-
ment No. 2, dated September 16, 1975, approved by the
Board of Estimates of the City on October 8, 1975. The
Coldspring Area, consisting of approximately 576 acres,
is bounded generally by Northern Parkway on the North,
the Jones Falls Expressway on the East, Druid Park
Drive on the South, and Greenspring Avenue on the
West. Through the development of the Coldspring
Neighborhood Development Program for the Coldspring
Area the ("Coldspring Neighborhood Development Pro-
gram"), the City seeks to promote a new community
within Baltimore offering a variety of good housing
accommodations in an attractive environment.
G. Pursuant to the Land Disposition Agreement between
the City and the developer of the Coldspring Area,
approved by the Board of Estimates of the City, dated
July 4, 1975, adopted pursuant to the Coldspring Neigh-
borhood Development Program, the City has agreed to
use its best efforts to provide the necessary permanent
mortgage financing for purchasers of Coldspring Area
residential units through the issuance of the City's reve-
nue bonds.
H. Pursuant to the Coldspring Neighborhood Develop-
ment Program, the Coldspring Area will be developed in
planned stages, and the City proposes to provide the nec-
essary long-term mortgage financing for purchasers of
Coldspring Area residential units through several issues
of the City's revenue bonds relating to different stages
of the Coldspring Area development.
I. Stage 1-A of the Coldspring Neighborhood Develop-
ment Program, consisting of 124 condominium units, is
near completion. It is expected that purchasers of units
in Stage 1-A will require an aggregate of approximately
$5,100,000 of mortgage loans over a period of six months
from the date of the issuance of the Bonds (defined in
this ordinance) .
J. Construction of Stage 1-B of the Coldspring Neighbor-
hood Development Program is expected to be completed
in about eighteen months from the date of the issuance
ORDINANCES 183
of the Bonds (defined in this ordinance). It is expected
that purchasers of units in Stage 1-B will require an
aggregate of approximately $6,500,000 of mortgage loans
over a period of approximately three months from com-
pletion. Purchasers of residential units in Stages 1-A and
1-B of the Coldspring Neighborhood Development Pro-
gram, the mortgages for which are financed pursuant to
the Coldspring Loan Program (defined in this ordi-
nance) , are hereinafter referred to as the "Mortgagors".
K. Pursuant to authority provided in Article XI-H of the
Constitution of Maryland and Chapter 606 of the Laws of
Maryland of 1974, the City adopted Ordinance No. 641
of Mayor and City Council of Baltimore (approved June
12, 1974, effective November 5, 1974) and thereafter
issued a $10,000,000 general obligation Residential Fi-
nancing Serial 1977-1996 Loan, dated April 15, 1977,
the proceeds of which could be used (a) to make or con-
tract to make financial loans to any person or other legal
entity to be used for or in connection with the purchase,
acquisition, construction, erection or development of
buildings or structures, including any land necessary
therefor, within the boundaries of Baltimore, which
buildings or structures are to be used or occupied for
residential purposes, and (b) to guarantee or insure
financial loans made by third parties to any person or
other legal entity which are to be used for or in connec-
tion with the purchase, acquisition, construction, erection
or development of buildings or structures, including any
land necessary therefor, within the boundaries of Balti-
more, which buildings or structures are to be used or
occupied for residential purposes. The City, acting
through the Department of Housing and Community
Development of the City and the Board of Estimates of
the City, has determined and is expected to determine
to use the proceeds of the Residential Financing Serial
1977-1996 Loan to make, guarantee or insure a number
of financial loans in connection with residential prop-
erty in Baltimore, including a loan in the principal
amount not to exceed $1,250,000 (the "City General
Obligation Loan") to be used together with the proceeds
of the revenue bonds to be issued pursuant to this ordi-
nance to develop the Coldspring Loan Program (defined
184 ORDINANCES Ord. No. 685
in this ordinance) as an integral part of the Coldspring
Neighborhood Development Program.
L. Pursuant to the Enabling Laws, the City has deter-
mined to issue and sell in an amount not to exceed
$12,500,000 aggregate principal amount of its "Residen-
tial Financing Revenue Bonds, 1978 Series (Coldspring
Loan Program) " (the "Bonds") and to use the proceeds
of the Bonds, together with the City General Obligation
Loan, to develop an owner-occupancy residential loan
program for the Coldspring Neighborhood Development
Program, Stages 1-A and 1-B, which loan program will
include (without limitation) the financing of mortgage
loans for the Mortgagors (collectively, the "Coldspring
Loan Program"). The City has determined to issue and
sell the Bonds to effectuate the public purpose of (i)
preserving a healthy and viable economy within Balti-
more, (ii) creating a healthy and ready market for resi-
dential real estate in Baltimore, (iii) encouraging and
facilitating the purchase of residential real property in
Baltimore in order to maintain and encourage growth
in real property assessments in Baltimore, and (iv) pre-
serving the public health, safety and welfare of the
residents of Baltimore by enabling residents of Baltimore
of all income levels to finance readily their housing needs
in Baltimore, thus discouraging the proliferation of va-
cant and substandard housing in Baltimore and retard-
ing or reversing the movement of financially self suffi-
cient taxpayers to surrounding subdivisions.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That, acting pursuant to the Enabling Laws,
it is hereby found and determined, as follows :
(1) The issuance of revenue bonds by the City pur-
suant to the Enabling Laws to develop the Coldspring Loan
Program as a part of the Coldspring Neighborhood Develop-
ment Program in Baltimore through the purchase, con-
tracting to purchase or other acquisition of mortgage
loans (i) bearing interest rates below those generally pre-
vailing (at the time of purchase or contract to purchase)
in the mortgage market (to the extent such a market
exists at that time) for loans of comparable quality and
term in Baltimore and (ii) having the terms and charac-
ORDINANCES 185
teristics as determined by this ordinance and the Com-
missioners of Finance acting pursuant to this ordinance,
will encourage and facilitate the purchase of residential
property in the Coldspring Area by residents of Baltimore
of all income levels.
(2) The accomplishment of the transactions contem-
plated and authorized by this ordinance, including (with-
out limitation) the development of the Coldspring Loan
Program, will accomplish a public purpose and meet exist-
ing public needs by (i) preserving a healthy and viable
economy within Baltimore, (ii) encouraging and facilitat-
ing the creation or maintenance of a healthy and ready
market for residential real estate in Baltimore, (iii) en-
couraging and facilitating the purchase of residential real
property in Baltimore in order to maintain and encourage
growth in real property assessments in Baltimore, and (iv)
preserving the public health, safety and welfare of the
residents of Baltimore by enabling residents of Baltimore
of all income levels to finance readily their housing needs
in Baltimore, thus discouraging the proliferation of vacant
and substandard housing in Baltimore and retarding or
reversing the movement of financially self sufficient tax-
payers to surrounding subdivisions.
(3) Neither bonds nor interest coupons issued under
the authority of the Enabling Laws constitute (i) a debt
or general obligation of the City or any other political
subdivision or (ii) a pledge of or an involvement of the faith
and credit or the taxing powers of the City or any other
political subdivision, all within the meaning of Section 7
of Article XI of the Constitution of Maryland or any other
constitutional, statutory or charter provision. The princi-
pal of and interest on the Bonds shall be payable from, and
secured by, (i) an assignment of payments, proceeds,
charges, rents and other income (except certain escrow
payments) to be derived in cash by or for the account of
the City from or related to the Coldspring Loan Program,
including (without limitation) payments of principal of
and interest on mortgage loans made by the City under
the Coldspring Loan Program (the "Revenue Bond Loan
Program Revenues") and (ii) (to the extent provided by
resolution of the Commissioners of Finance adopted pur-
suant to this ordinance) proceeds of the Bonds. The prin-
186 ORDINANCES Ord. No. 685
cipal of and interest on the Bonds shall be secured by
(without limitation) mortgage loans to Mortgagors fi-
nanced under the Coldspring Loan Program. All such
mortgages shall be assigned to the trustee for the Bonds
pursuant to a trust agreement between the City and the
trustee for the Bonds. The Bonds may be additionally se-
cured (without in any way specifying or limiting the
terms of such additional security) by (i) insuring the
Revenue Bond Loan Program Revenues by private mort-
gage insurance provided by a private mortgage insurer
selected by the Commissioners of Finance, or (ii) insuring
the Revenue Bond Loan Program Revenues through the
Maryland Housing Fund or such other Federal, State or
municipal fund or other agency permitted by applicable
law to perform such insuring functions; or (iii) assigning
the proceeds of the mortgage insurance to the trustee for
the holders of the Bonds (the "Bondholders") ; or (iv)
such other security as the Commissioners of Finance may
by resolution approve; or (v) any combination of (i), (ii),
(iii) and (iv).
The principal amount of the Bonds will be paid directly
to, and will be disbursed by, the independent trustee ap-
pointed by the Commissioners of Finance pursuant to this
ordinance (the "Trustee"). No such moneys will be either
commingled with the City's general funds or made subject
to the absolute control of the City, except for such limited
supervision and checks as are deemed necessary or desir-
able by the City to insure that the proceeds of the Bonds
are used to accomplish the public purposes of the Enabling
Laws and this ordinance. The Revenue Bond Loan Program
Revenues will be paid by the Mortgagors to the mortgage
servicer for the Coldspring Loan Program, as stipulated in
the Servicing Agreement to be entered into by the City
with a servicing agent for the Coldspring Loan Program
mortgages, and the Revenue Bond Loan Program Reve-
nues, less the servicing fee to be approved by the Com-
missioners of Finance, shall be paid by such servicer to
the Trustee. The transactions authorized hereby do not
constitute a public improvement or a capital project within
the meaning of any charter or statutory provision. The
public purposes expressed in this ordinance are intended
to be achieved by providing residential low and moderate
ORDINANCES 187
cost mortgage loans to the Mortgagors within Baltimore;
preserving a healthy economy within Baltimore; fostering
a healthy market for residential real estate in Baltimore;
fostering the purchase of residential real property in Bal-
timore and providing affordable housing within Baltimore,
thus discouraging the movement of taxpayers to surround-
ing subdivisions.
Sec. 2. And be it further ordained, That, the issuance,
sale and delivery of not exceeding $12,500,000 aggregate
principal amount of revenue bonds, hereby designated
"Residential Financing Revenue Bonds, 1978 Series (Cold-
spring Loan Program) " are hereby authorized, subject to
the provisions of this ordinance, the proceeds to be used
to develop the Coldspring Loan Program as a part of the
Coldspring Neighborhood Development Program, all as set
forth in this ordinance. In addition to the disbursement of
Bond proceeds for mortgage loans under the Coldspring
Loan Program, Bond proceeds may be disbursed (without
limitation) (i) to pay the cost of issuance and sale of the
Bonds, including (without limitation) costs of printing the
Bonds, the official statement and other legal documents,
costs of delivery of the Bonds, legal fees, accounting fees,
underwriting costs, advertising costs, costs of rating
agency reviews and all other incidental related expenses
and (ii) (to the extent provided by resolution of the Com-
missioners of Finance adopted pursuant to this ordinance)
to fund a debt service reserve for the Bonds. The Bonds
shall be solely and exclusively payable from the Revenue
Bond Loan Program Revenues and (to the extent provided
by resolution of the Commissioners of Finance adopted
pursuant to this ordinance) certain Bond proceeds. The
Bonds shall be secured by (without limitation) mortgage
loans to Mortgagors financed under the Coldspring Loan
Program. All such mortgages shall be assigned by the
Trustee pursuant to a trust agreement between the City
and the Trustee. The Commissioners of Finance may re-
quire, however, that the Bonds be additionally secured by
(i) insuring the Revenue Bond Loan Program Revenues
through private mortgage insurance provided by a private
mortgage insurer selected by the Commissioners of Fi-
nance; or (ii) insuring the Revenue Bond Loan Program
Revenues through the Maryland Housing Fund or such
188 ORDINANCES Ord. No. 685
Federal, State, or municipal fund or other agency permit-
ted by applicable law to perform such insuring functions;
or (iii) assigning the proceeds of the mortgage insurance
to the Trustee for the Bondholders; or (iv) such other
security as the Commissioners of Finance may approve;
or (v) any combination of (i), (ii), (iii) and (iv). The
aggregate principal amount of Bonds issued, sold and de-
livered pursuant to this ordinance shall not exceed $12,-
500,000 unless such amount shall be increased by an ordi-
nance of the City supplemental hereto. Nothing in this
ordinance is intended or shall be deemed to exclude the
issuance of refunding bonds to refund all or a portion of
the Bonds, and the adoption of a subsequent ordinance or
ordinances for such purpose is expressly contemplated by
this ordinance.
In accordance with the Enabling Laws, the City hereby
authorizes the Commissioners of Finance, unless the City
shall otherwise prescribe prior to the issuance and delivery
of the Bonds, by resolution to take the following actions
and to make the following commitments on behalf of the
City:
(a) to determine and set forth the form, terms, pro-
visions (including redemption provisions and sinking fund
requirements, if any), manner or method of issuing and
selling (including negotiated or competitive bid sale) and
the time or times of issuance and any and all other details
of the Bonds ;
(b) to prepare and distribute, in conjunction with the
prospective underwriters for the Bonds, both a preliminary
and a final official statement in connection with the sale
of the Bonds; provided, however, that any such prelimi-
nary official statement shall be clearly marked to indicate
that it is subject to completion and amendment ;
(c) to determine the date, time and place when an un-
derwriting agreement or purchase contract shall be sub-
mitted by the underwriters for the Bonds or purchasers of
the Bonds, such underwriting agreement or purchase con-
tract to specify the interest rate or rates proposed to be
paid on the Bonds, the price at which such Bonds are to be
sold to such underwriters or purchasers, and such other
matters as the underwriters or purchasers and the Com-
ORDINANCES 189
missioners of Finance may deem necessary or desirable in
order to effect the sale and delivery of the Bonds ;
(d) to determine the interest rate or rates to be paid
by the City on the Bonds in accordance with the proposed
underwriting agreement or purchase contract submitted
by the underwriters for the Bonds or purchasers of the
Bonds;
(e) to appoint a bank having trust powers, or a trust
company, as trustee for the Bonds to be issued pursuant to
this ordinance ; and
(f) to approve the form of a trust agreement between
the City and the Trustee, which trust agreement may (i)
pledge or assign all or any part of the security for the
Bonds, (ii) contain reasonable and proper provisions for
the protection and enforcement of the rights and remedies
of the Bondholders, (iii) set forth the rights and remedies
of the Bondholders and the Trustee and may restrict the
individual right of action by the Bondholders, and (iv)
contain whatever other provisions are deemed reasonable
and proper for the security of the Bondholders.
The Commissioners of Finance shall perform any and
all actions necessary or deemed appropriate by such Com-
missioners in order to effect the issuance and sale of the
Bonds in accordance with and pursuant to this ordinance
and the underwriting agreement or purchase contract for
the Bonds.
The Bonds shall be dated as of the first day of the month
next following the date on which the Bonds are sold unless
the Commissioners of Finance shall specify a different
date by a resolution adopted pursuant to this ordinance,
and the Bonds shall bear interest at an annual rate or rates
payable semi-annually following the date of the Bonds so
that, if the Bonds are dated February 1, 1978, interest on
the Bonds will be payable on August 1, 1978, and semi-
annually thereafter each February 1 and August 1.
The Bonds issued hereunder shall mature on the date or
dates provided in a resolution of the Commissioners of
Finance adopted pursuant to this ordinance, but the last
maturity of the Bonds shall in no event exceed a period of
forty (40) years from the date of the Bonds. If the resolu-
190 ORDINANCES Ord. No. 686
tion of the Commissioners of Finance does not provide any
maturity or maturities for the Bonds, all of the Bonds shall
mature on the date thirty-two (32) years from the date of
the Bonds. If the Bonds are dated February 1, 1978, all the
Bonds will mature (in the absence of a resolution of the
Commissioners of Finance determining otherwise) on Feb-
ruary 1, 2010.
Sec. 3. And be it further ordained, That, prior to the
sale of the Bonds, the Commissioners of Finance, unless
the City shall otherwise prescribe, may determine by res-
olution:
(1) the provisions of trust between the City and the
Trustee ;
(2) the manner of execution, authentication, registra-
tion and transfer of the Bonds ;
(3) provisions for authentication and delivery of the
Bonds ;
(4) the provisions of the Coldspring Loan Program, in-
cluding the terms of the mortgages acquired under the
Coldspring Loan Program and the terms of any servicing
agreement between the City and a mortgage servicer for
mortgages acquired under the Coldspring Loan Program;
(5) the terms of the private insurance, public insur-
ance or other security for the Bonds ;
(6) provisions for creation, holding and disbursement
of a program fund to be held by the Trustee ;
(7) provisions for creation, holding and disbursement
of any other funds and accounts to be held by the Trustee;
(8) provisions for the application of the Revenue Bond
Loan Program Revenues ;
(9) provisions for the security for and investment of
moneys held by the Trustee ;
(10) the details of the procedure for the redemption
of the Bonds ;
(11) remedies for Bondholders in the event of default;
ORDINANCES 191
(12) the duties, rights and immunities of the Trustee;
(13) the manner of execution of instruments by Bond-
holders and the method of proof of ownership of the Bonds ;
( 14 ) provisions for modification of this ordinance ;
(15) provisions for defeasance of the Bonds ;
(16) the forms of the Bonds, coupons and the Trustee's
authentication certificate ; and
(17) such other matters in connection with the author-
ization, issuance, security, sale and payment of the Bonds
as may be deemed appropriate by the Commissioners of
Finance.
Any resolution or resolutions adopted pursuant to this
ordinance shall be deemed to be of an administrative na-
ture. The Board of Estimates shall approve the amount and
use of the City General Obligation Loan to be utilized in
the Coldspring Loan Program.
Sec. 4. And be it further ordained, That, if any action
on any matter delegated to the Commissioners of Finance,
or authorized for implementation by the Commissioners
of Finance shall not be acted upon by the Commissioners
of Finance, such actions and matters may be acted upon
or implemented by a resolution, approved by the City
Council of the City, which is subsequently approved by the
Mayor or acting Mayor of the City.
Sec. 5. And be it further ordained, That, the provisions
of this ordinance are severable, and if any provision, sen-
tence, clause, section or part thereof is held illegal, in-
valid or unconstitutional or inapplicable to any person or
circumstances, such illegality, invalidity or unconstitu-
tionality, or inapplicability shall not affect or impair any
of the remaining provisions, sentences, clauses, sections, or
parts of this ordinance or its application to other persons
or circumstances. It is hereby declared to be the legis-
lative intent that this ordinance would have been adopted
if such illegal, invalid or unconstitutional provision, sen-
tence, clause, section or part had not been included therein,
and if the person or circumstances to which this ordinance
192 ORDINANCES Ord. No. 686
or any part thereof is inapplicable had been specifically
exempted therefrom.
Sec. 6. And be it further ordained, That, this ordinance
shall take effect from the date of its passage.
Approved March 21, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 686
(Council No. 1324)
An Ordinance to amend the Urban Renewal Plan for the
Orchard-Biddle Project, which plan was approved by
Ordinance No. 1066, dated May 17, 1971, to, among other
things, (1) delete certain properties from acquisition;
(2) authorize the acquisition by purchase or by condem-
nation by the Mayor and City Council of Baltimore, for
Urban Renewal purposes of certain properties; (3) re-
vise standards applicable to all non-residential property
rehabilitation and provide penalties for violating these
standards; (4) EXPAND THE PUBLIC LAND USE
CATEGORY TO INCLUDE EDUCATIONAL FACILI-
TIES AND RELATED USES; (5) change the per-
mitted land uses of certain portions of Orchard-Biddle
and establish controls over any non-conforming COM-
PLYING properties; -(£)- (6) recommend the closing of
certain streets and/or alleys; -(&)• (7) revise the lot lines
and change the standards and controls of certain dis-
position parcels; 4Q- (8) create certain disposition par-
cels and corresponding standards and controls; -(&> (9)
revise certain exhibits attached to said plan to indicate
the changes provided therein; and -W- (10) provide for
an effective date hereof.
Whereas, an Urban Renewal Plan for Orchard-Biddle
was approved by the Mayor and City Council of Baltimore
by Ordinance No. 1066 dated May 17, 1971, and last
amended by Ordinance No. 115 dated June 30, 1976; and
ORDINANCES 193
Whereas, pursuant to Section 26, Article 13 of the Bal-
timore City Code (1966 Edition) as amended by Ordinance
No. 152, approved June 28, 1968 and Ordinance No. 325, ap-
proved May 31, 1977, no substantial change or changes
shall be made in any renewal plan, after approval by ordi-
nance, without such change or changes first being adopted
and approved in the same manner as set forth in said
Section 26 for the approval of a renewal plan, namely
the preparation of such change or changes by the Depart-
ment of Housing and Community Development, the approval
of such change or changes by the Director of the Department
of Planning, and approval and adoption by an ordinance of
the Mayor and City Council of Baltimore after a public
hearing in relation thereto, all in the manner set forth in
said Section 26; and
Whereas, extensive changes in the renewal plan make
it infeasible to make line-by-line changes; therefore, the
Department of Housing and Community Development has
prepared an amended Renewal Plan for Orchard-Biddle,
including all prior amendments to said Plan; and
Whereas, said amended Renewal Plan for Orchard-Biddle
has been approved by the Director of the Department of
Planning of Baltimore City on October 27, 1977 with
respect to its conformity to the Master Plan; the detailed
location of any public improvements proposed in the
amended Renewal Plan; its conformity to the rules and
regulations for subdivision; and all zoning changes proposed
in the amended Renewal Plan; and said amended Renewal
Plan has been approved and recommended to the Mayor and
City Council of Baltimore City by the Commissioner of the
Department of Housing and Community Development on
November 15, 1977.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the amended Renewal Plan for Orchard-
Biddle, identified as "Urban Renewal Plan, Orchard-Biddle
. . . revised to include Amendment No. 7, dated September 14,
1977 AND REVISED FEBRUARY 16, 1978" is hereby
approved, and the Clerk of the City Council is hereby
directed to file a copy of said amended Renewal Plan with
the Department of Legislative Reference as a permanent
194 ORDINANCES Ord. No. 686
public record and make the same available for public in-
spection and information.
Sec. 2. And be it further ordained, That it is necessary
to delete certain properties or portions thereof from the
lists of properties to be acquired in previous ordinances
approving acquisition by purchase or by condemnation, in
the Orchard-Biddle project, as follows :
411 W. Biddle Street (Ordinance 115, dated June 30,
1976) — that portion not deemed necessary by the Director
of the Department of Public Works for the proposed City
Boulevard
401 03 Diamond Street (Ordinance Z&h 4&te4 Jtme 8?
405 09 Diamond Street (Ordinance £££7 dated Juno 8y
404 Diamond Street (Ordinance SSQy dated Jtrae 8? 1973)
612 W. Fayette Street (Ordinance 846, dated April 7,
1975)
614 W. Fayette Street (Ordinance 846, dated April 7,
1975)
616 W. Fayette Street (Ordinance 846, dated April 7,
1975)
100-02 N. Greene Street (Ordinance 846, dated April
7, 1975)
104 N. Greene Street (Ordinance 846, dated April 7, 1975)
106 N. Greene Street (Ordinance 846, dated April 7, 1975)
108 N. Greene Street (Ordinance 846, dated April 7, 1975)
110 N. Greene Street (Ordinance 846, dated April 7, 1975)
112 N. Greene Street (Ordinance 846, dated April 7, 1975)
114-16 N. Greene Street (Ordinance 846, dated April 7,
1975)
118 N. Greene Street (Ordinance 846, dated April 7,
1975)
8S3 Madison Avonuo (Ordinance 445r dated June 3O7
ORDINANCES 195
500 02 Wt Mulberry Stroot (Ordinanoo S60, 4ate4 fefie Sy
400 Nt gaea Stroot (Ordinanoo 360? 4ate4 Jtme 8, 1973)
408 N> gaea Stroot (Ordinanoo 360^ 4ate4 Jtme 8, 1973)
404 £k Paea Stroot (Ordinanoo 360r 4ate4 fene g, 1973)
405 £k £>aea Stroot (Ordinanoo 360? 4ate4 &me 8y 1973)
105-07 Pearl Street (Ordinance 846, dated April 7, 1975)
511 17 Pioroo Stroot (Ordinanoo £60? 4ate4 tore &? 1973)
SEC. 3. And be it further ordained, That it may be neces-
sary to acquire by purchase or condemnation the fee simple
interest, or any lesser interest in and to certain properties,
together with all right, title, interest, and estate that the
owner or owners of said property interests may have in
all streets, alleys, ways or lanes, public or private, both
abutting the whole area described and/or contained within
the perimeter of said area, provided that these properties or
portions thereof are not deemed necessary by the Director
of the Department of Public Works for the proposed City
Boulevard and described as follows :
700 w
302 W,
304 Wr
70fi 10 W
342W,
344 W,
716-18 W. Baltimore Street
720 W. Baltimore Street
315 17 W "Ridrilr 9trorf
319 W. Biddle Street
325 W. Biddle Street
327 W. Biddle Street
700 Born Court
836 N. Eutaw Street
838 N. Eutaw Street
30O-06 W, Fairmount Ayeftge
304 W, Fairmount Ave^e
303 ¥r Fairmount Averse
305 W, Fairmount iVvonuo
196 ORDINANCES Ord. No. 686
70C W. FAIRMOUNT AVENUE
?0? ^7 Fairmount Avonuo
708 W. Fairmount Avenue
WQ X+-7 Fairmount Avonuo
710 W. Fairmount Avenue
Til HZ En i gptjAiaja^ A *rr\-n*is\
I X X T1 * nTTTTTTT7tnTv J. X T \^IIT_I V
7QQ \y F.nvrf-to 9.trrot
ypi ^l Fayotto Stroot
i ^*o VV • 1/ 1 1 j ' (J B WJ ij \ji\}Qv
704 W. Fayette Street
705 W Tnvpffp 9fvor1-
706 W. Fayette Street
y(ff 1ZL Fayotto Stroot
708 W. Fayette Street
709 W. Fayette Street
711 W Fnvrrtr 9trrrt
71 1 XL W FnT'-rttr Qtrppf
713 W. FAYETTE STREET
536-38 W. Franklin Street
702 Josephine Street
704 JOSEPHINE STREET
m W. Lexington Stroot
703 W. Lexington Street
705 W. Lexington Street
449 Orchard Street
501 Pennsylvania Avenue
503 Pennsylvania Avenue
&.40 N^r Pke Stroot
12 12 1 2 ^r^fte Stroot
A X TTT TTTrC V-) LI VLU
1 a vr Pino Qtrrpf-
4^14 Nr^me Stroot
1 Q XL- pjno Rfrrrt
90 V" pjnr> fifrrrt
S-TTT T^T. X II ITT K_7 v a ^ \~ v
102 N. Pine Street
104 N. Pine Street
106 N. Pine Street
108 N. Pine Street
ORDINANC KS
HON. Pine Street
112 N.Pine Street
444 j^giKe Street
116 N. Pi
ne Street
222 N. Pi
ne Street
224 N. Pi
ne Street
226 N. Pi
ne Street
228 N. Pi
ne Street
232 N. Pi
ne Street
234 N. Pi
ne Street
236 N. Pi
ne Street
238 N. Pi
ne Street
240 N. Pi
ne Street
242 N. Pi
ne Street
244 N. Pi
ne Street
246 N. Pi
ne Street
248 N. Pi
ne Street
250 N. Pi
ne Street
252 N. Pi
ne Street
254 N. Pi
ne Street
256 N. Pi
ne Street
258 N. Pi
ne Street
701 W. Saratoga Street
703-07 W. Saratoga Street
197
SEC. 4. And be it further ordained, That it has become
necessary to revise the rehabilitation standards for non-resi-
dential properties established by Ordinance 315 approved
May 3, 1973, to reflect higher requirements to accommodate
preservation and establish guidelines for compliance. There-
fore, the existing non-residential rehabilitation standards
are hereby repealed and the following standards shall apply
to all non-residential properties within Orchard-Biddle, over
and above the codes and ordinances of the City of Baltimore:
a. Roofs
(1) General Provisions
(a) All roof mounted signs and unused roof hardware
shall be removed.
(b) Rooftop mechanical equipment shall be located far
enough back from the edge of the roof so that it cannot be
198 ORDINANCES Ord. No. 686
seen from the sidewalk across the street, either in front of
or to one side of the building. Functional equipment may be
retained until major repair or replacement of the equipment
becomes necessary, at which time it shall be removed from
view. All mechanical equipment shall be painted with a flat
paint in a color compatible with the color of the front of
the building upon which it rests. Equipment, such as water
towers with ^e4 wood REDWOOD slats, which would have
their operation impaired by the addition of paint and which
are of acceptable visual quality, shall be permitted.
(c) All chimneys, elevator penthouses or other auxiliary
structures on the roofs shall be clean and in good repair. All
deteriorated masonry chimneys shall be either removed or
restored. All future metal chimneys shall be located so that
they cannot be seen from the sidewalk across the streets
either in front of, or to one side of, the building.
(d) Flashing visible from the sidewalk must be neat
and free of pitch. Visible flashing shall be painted to match
the surface of the wall above it.
(e) All gutters and rain water leaders must be in good
condition. Painted metal, vinyl or stainless steel gutters and
rain water leaders may be used.
(2) For pitched roof visible from the sidewalk across
the street either in front of, or to one side of a building the
following additional roof requirements shall apply :
(a) The finished roofing material shall be clean and in
a good state of repair.
(b) The finished roofing material shall be limited to one
of the following :
terne metal
standing seam, painted sheet metal roofing
shingle or tile
slate
other acceptable material
(c) The finished roofing material shall have a color
compatible with the building color scheme.
(d) Dormers shall be compatible with the design of the
buildings' street facade. The finish materials and colors
ORDINANCES 199
shall be harmonious with both the roof and facade of the
buildings.
(e) Skylights shall be of low profile and all metal
parts shall match the roofing material. Skylights shall
be kept to the rear of the ridge of the roof.
b. Exterior Walls
(1) All of the exterior walls of all structures located
in the project area and used entirely or in part for com-
mercial purposes shall be included in this requirement.
(2) All miscellaneous elements on the exterior walls
of the structures such as empty electrical boxes, conduits,
pipes, unused sign brackets, etc., shall be removed.
(3) All brick walls shall be cleaned, repaired, and re-
pointed as required. Brick walls shall be either preserved
in their natural color or painted a color compatible with
the colors of the neighboring structures.
(4) All natural stone walls shall be cleaned, repaired,
and pointed.
(5) Ai ALL stucco surfaces shall be cleaned and re-
paired. New stucco surfaces shall have a sand texture. All
stucco surfaces shall be in a color compatible with the
colors of the neighboring structures.
(6) No new formstone finishes shall be permitted. All
defective formstone finishes shall be removed and the brick
walls behind them restored. Walls now covered with form-
stone that is not defective shall be permitted until such
time as it becomes defective.
(7) All rotten, broken or deteriorated wood siding shall
be replaced. Existing material in sound condition and per-
missible under the Baltimore City Building Code shall be
cleaned, stripped, and painted. All wood siding shall be
designed to be compatible with the design of the building
and the neighborhood.
(8) Existing metal siding which is undamaged, struc-
turally sound, and permissible under the Baltimore City
Building Code may be retained. All other metal siding
shall be removed and replaced with a permissible material
200 ORDINANCES Ord. No. 686
compatible with the design of the buildings and the neigh-
borhood. All metal siding that remains shall be kept clean,
in a good state of repair, and in a color compatible with
the colors of the neighboring structures.
c. Architectural Details
(1) Cornices — Where cornices exist, they shall be re-
stored to their original design. The removal of cornice work,
without prompt replacement of similar design, will not be
permitted. New cornices shall be compatible with the design
of the building.
(2) Windows — All of the windows in a single facade
shall be of matching design. All window openings shall be
retained. Filling in these openings at the top, bottom or
sides is not permitted. The following additional require-
ments shall apply for all new windows:
(a) All windows shall have wood frames, sash and mul-
lions or appearance of the same. Vinyl clad wood or metal
or other weather resistant materials may be used provided
that they are kept painted or have an acceptable integral
color.
(b) All windows shall be kept in good repair and prop-
erly painted.
(c) Ornamental window grills GRILLES and balconetts
may be incorporated as a decorative or security device.
(d) The lintels over windows shall be preserved or
restored. Rotten wood lintels shall be replaced with con-
cealed steel lintels. Brick archwork and stone lintels shall
be restored.
(e) Window sills shall be preserved, replaced and re-
stored to match the original design of the building.
(f) Boarding up or filling in windows on the front
facade is not permitted.
(g) Windows facing alleys, yards, or side streets may
be filled in FILLED IN provided that the finished appear-
ance is of windows behind closed shutters. The shutters
shall be compatible with the design of the building and of
the neighboring structures.
ORDINANCES 201
(3) Doorways and Entrances — In cases where there are
doorways to buildings that are not incorporated in the
storefront, the character of the original doorway shall be
preserved. Where possible, the original style of these
doorways, including solid, panelled, wood doors, wood
frames, brick or stone sills, transoms, and glazed sidelights,
shall be incorporated into the design of the remodelled shop-
front. The following additional requirements shall apply
to all doorways and entrances :
(a) Storm and screen doors shall be compatible with
entrance doors.
(b) Hardware visible from the outside shall be in
character with the original hardware. Closers, hasps, and
locks, mounted on the exterior surface of doors, are not
permitted.
(c) Any grills, GRILLES, bars and grates covering
doors or windows shall be designed to be compatible with
the design of the building and of the neighboring structures.
(d) Doorways shall be designed with consideration for
the needs of the handicapped and the elderly.
(e) Where steps or stoops are required at a doorway or
entrance they shall be designed to match the original de-
sign. In cases where there are more than two risers, the
steps or stoops shall be provided with a railing of com-
patible design.
(4) Shop fronts — The following requirements shall be
applied to all shopfronts:
(a) All extraneous and unused hardware, signing and
equipment shall be removed.
(b) All broken, rotten or damaged elements shall be
removed and replaced with elements that are harmonious
with the design of the building and with the neighborhood.
(c) "Cararra Glass" and ribbed or patterned metal are
not permitted as acceptable replacement materials for
shopfronts.
(d) At such time as sign panels covering or replacing
shop cornices are removed or deemed to need replacement
they shall be taken down and the cornice restored.
202 ORDINANCES Ord. No. 686
(e) New storefronts that project beyond the original
front lines of the stores are not permitted.
(f) Awnings are permitted provided that they are con-
structed of soft, flame retardant material and are able to
be retracted to the face of the building when not in use.
The awnings and the housing into which they are retracted
shall be designed to be compatible with the design of the
building and with the neighborhood.
(g) Grates, bars, and grills GRILLES shall be designed
so as to be AS inconspicuous as possible. They shall be kept
painted and free of rust. In all cases they shall be kept open
during the normal daylight business hours of the commun-
ity. Non-metal grills GRILLES and screens shall be pro-
hibited. Enclosures and housings for security grills
GRILLES and screens shall be as inconspicuous as possible
and shall be compatible with the design of the shopfront.
(h) Solid or permanently enclosed or covered shopfronts
shall not be permitted. Where the window treatment of the
first floor is to be modified, such that the window openings
will be made smaller, these new openings will not be small
SMALLER in size than the openings of the second or third
floor windows of the subject structure. These new windows
shall be chosen to be in character with the upper windows
in the structure.
(i) All elements of the fronts of shops shall be har-
monious and of integral design. The practice of "patching"
or layering materials one on top of the other is not per-
mitted. Damaged parts shall be replaced so as to be unde-
tectable as a replacement part.
(j) Stoops, recessed entrances and doorways shall be
designed where possible to eliminate steps and thresholds
that may prove difficult for the handicapped or the elderly.
(5) Signs and Exterior Lighting — The following re-
quirements shall be applied to all shopfronts:
(a) No signs other than those identifying the property
where they are installed or identifying the business con-
ducted within shall be permitted. Advertising by material
or product manufacturers shall not be permitted except
as the primary identification of the establishment.
ORDINANCES 203
(b) Rooftop signs, above the parapet of the building,
billboards or outdoor advertising signs painted or mounted
on the buildings shall not be permitted.
(c) Flashing or moving signs other than barber poles
shall not be permitted.
(d) No lease for billboard signs expiring after the date
of enactment of Amendment No. 7 to this Plan may be
renewed.
(e) All non-conforming signs on building fronts shall
be removed at the time rehabilitation work is undertaken.
All other signs must be removed within twelve months after
the passage of the ordinance approving Amendment No. 7
to this Plan.
(f) When the rehabilitation work is undertaken on
building fronts, all new flat signs will be erected parallel
to the face of building and shall be incorporated in the
design of the shopfront. If the shopfront design includes a
cornice, the sign shall be incorporated in the cornice de-
sign or shall be placed in the shop window. If a shopfront
cornice is not used, the sign shall be placed either in the
shop window or on the portion of the building facade above
the shop window and below the sill of the second floor
windows.
(g) Signs may be printed on the inside surface of the
shopfronts but must be designed to be compatible with the
design of the entire facade. Signs painted on the facade or
on the inside glass should be limited to lettering no greater
than 6" in height. When these signs are the only identifying
sign for the property, they can use 12" lettering. These signs
shall not exceed 20% of the area of the shopfront window.
(h) Signs may be a maximum of 36" high and project
not more than 12" from the outside face of the exterior
wall. All signs shall be designed to be harmonious with the
design of the building facade and the neighboring struc-
tures.
(i) Sign lettering shall be constructed of materials
compatible with the character of the building.
(j) No future signs will be permitted to be mounted
at right angles to the face of the buildings.
204 ORDINANCES Ord. No. 686
(k) Secondary signs shall be permitted for the identi-
fication of commercial tenants occupying the upper floors
of a building. Such signs shall not project more than one
inch beyond the face of the building and shall not be
greater than three square feet in size. These signs shall be
designed to be harmonious with the facade of the building
and shall be placed no higher than the sill of the second
story window.
(1) Signs may be incorporated in the design of any
awning included in the design of a shopfront provided such
signs are compatible with both the design of the building
and the awning.
(m) Exterior lighting shall be limited to lighting fix-
tures designed to be in harmony with the character of
the buildings and the street. Such fixtures shall be mounted
in the entrance ways and on the front facade of the build-
ing. Flood lighting concealed above a shopfront cornice
may be used to light the facades of buildings.
(n) Lighting of the facades of the buildings may be
accomplished with projecting fixtures at the roofline or
at the shopfront cornice line. Such fixtures shall be incon-
spicuous, harmonious with the design of the building and
project no more than 24" from the face of the building.
(o) "Temporary signs" may be displayed within shop-
front windows provided that these signs are not larger
than one-third the square footage area of the window in
which they are displayed and are on display not more than
thirty consecutive days.
(p) No private sign shall be permitted except as allowed
in these guidelines or as otherwise authorized by the Depart-
ment of Housing and Community Development.
(q) Electrical elements such as wires, conduits, junction
boxes, transformers, ballasts, switches, and panel boxes
shall be concealed from view.
(6) Color Schemes — All colors and color schemes used
in the project area shall be harmonious with the designs of
the buildings in the block face.
(7) Auxiliary Structures — Structures at the rears of
buildings attached or unattached to the principal commer-
cial structure which are found by the Commissioner of the
ORDINANCES 205
Department of Housing and Community Development to be
structurally difieuont* DEFICIENT, shall be properly re-
paired or demolished.
(8) Rear Yards — Where a rear yard exists or is created
through the demolition of structures, the owner shall con-
dition the open area in one of the following ways as out-
lined below. The owner shall submit his proposal for use
of space to the Commissioner of the Department of Housing
and Community Development for approval.
(a) Enclosure of Yards
A rear yard shall be enclosed along the side and rear
property lines by a masonry wall at least five feet six inches
in height consistent and harmonious with the rear walls of
the building and solid doors or solid gates for access and
delivery SHALL BE PROVIDED to the extent necessary.
Use of barbed wire or broken glass on top of walls shall
not be permitted.
(b) Provisions of Parking Area
An unenclosed rear yard may be used as a parking or
loading area providing that it is properly paved, illuminated,
and maintained. A sign not exceeding six (6) square feet
may be used to identify and control parking and loading.
Merchants shall be responsible for the maintenance of park-
ing €H=ea AREAS in a neat and clean manner. No storage of
trash containers shall be allowed in this area except when
housed in permanent structures of acceptable design. The
parking area may terminate at the rear of the building,
or at an enclosed rear yard conforming with the provisions
of (h) i. above.
(9) Refuse Storage
All outdoor refuse storage areas shall be screened from
the view of adjacent properties and public rights-of-way.
Screening shall consist of a masonry wall or durable fence,
or a combination thereof, not less than four feet nor more
than eight feet in height. In lieu of such wall or fence, a
compact evergreen hedge of not less than four feet in height
at the time of original planting may be used.
(10) Off -Street Loading
Where possible non-residential establishments shall have
off-street loading and unloading areas.
206 ORDINANCES Ord. No. 686
(11) Off -Street Parking
All parking areas shall be effectively screened from ad-
joining residential areas and shall have adequate landscap-
ing and screening on property lines adjacent to public
sidewalks.
(12) Compliance
No alteration or improvement work shall be undertaken
after enactment of the ordinance approving Amendment
No. 7 to the Plan which 4o DOES not conform with the
requirements herein.
Nothing herein shall be construed to permit any sign,
construction, alteration, change, repair, use or any other
matter otherwise forbidden or restricted or controlled by
any other public law.
The work necessary to meet the requirements herein
shall be undertaken WITHIN two years from the date of
enactment of the ordinance approving Amendment No. 7
to the Plan and shall be completed promptly in accordance
with notice from the Commissioner of the Department of
Housing and Community Development.
4. Review of Rehabilitation Plans
(1) Designs for all building improvements, parking
areas, modifications, rehabilitation or painting concerning
the exterior of the existing buildings, their yards or
their show windows, and for all signs, shall be sub-
mitted to the Commissioner of the Department of Hous-
ing and Community Development and written approval by
the Department shall be required before proceeding with
the work.
(2) The Commissioner of the Department of Housing
and Community Development shall be concerned with all
aspects of the designs affecting exterior appearance and in
particular with the following:
— Design of show windows and entrance area, including
choice of materials and types of security devices;
— Design of signs, methods of illumination, colors, ma-
terials, methods of suspension;
ORDINANCES 207
— Conditioning of rear yard spaces, location of delivery
signs;
— Design of awnings and canopies ;
— Refuse collection details;
— All other exterior materials and colors ;
— Landscape materials and design.
The Commissioner's review shall be guided by the prop-
erty rehabilitation objectives and the property rehabilita-
tion standards.
SEC. 5. And be it further ordained, That any person vio-
lating any of the provisions of Section 4 of this ordinance
shall be guilty of a misdemeanor and shall be subject to
a fine not exceeding One Hundred Dollars ($100.00) and
that each day's violation shall constitute a separate offense.
Sec. 6. And be it further ordained, That the Real Estate
Acquisition Division of the Department of the Comptroller,
or such person or persons and in such manner as the
Board of Estimates, in the exercise of the power vested in
it by Article V, Section 5, of the Baltimore City Charter,
may hereafter from time to time designate, is or are au-
thorized to acquire on behalf of the Mayor and City Council
of Baltimore and for the purposes described in this ordi-
nance, the fee simple interest or any lesser interest in and
to the properties or portions thereof hereinabove mentioned.
If the said Real Estate Acquisition Division of the Depart-
ment of the Comptroller, or such person or persons, and
in such manner as the Board of Estimates in the exercise
of the power vested in it by Article V, Section 5, of the
Baltimore City Charter, may hereafter from time to time
designate, is or are unable to agree with the owner or
owners on the purchase price for said properties or por-
tions thereof, it or they shall forthwith notify the City
Solicitor of Baltimore City, who shall thereupon institute
in the name of the Mayor and City Council of Baltimore
the necessary legal proceedings to acquire by condemnation
the fee simple interest or any lesser interest in and to said
properties or portions thereof.
208 ORDINANCES Ord. No. 686
Sec. 7. And be it further ordained, That in whatever
respect, if any, the amended Renewal Plan approved hereby
for the Orchard-Biddle may not meet the requirements as
to the content of a renewal plan or the procedures for the
preparation, adoption, and approval of renewal plans, as
provided in Ordinance No. 152, approved June 28, 1968,
and amended by Ordinance No. 325, approved May 31,
1977, the said requirements are hereby waived and the
amended Renewal Plan approved hereby is exempted there-
from.
Sec. 8. And be it further ordained, That in the event it
be judicially determined that any word, phrase, clause,
sentence, paragraph, section or part in or of this ordinance
or the application thereof to any person or circumstances
is invalid, the remaining provisions and the application of
such provisions to other persons or circumstances shall not
be affected thereby, the Mayor and City Council hereby
declaring that they would have ordained the remaining
provisions of this ordinance without the word, phrase,
clause, sentence, paragraph, section or part or the appli-
cation thereof so held invalid.
Sec. 9. And be it further ordained, That in any case where
a provision of this ordinance concerns the same subject
matter as an existing provision of any zoning, building,
electrical, plumbing, health, fire or safety ordinance or
code or regulation, the applicable provisions concerned shall
be construed so as to give effect to each ; provided, however,
that if such provisions are found to be in irreconcilable
conflict, the provision which establishes the higher standard
for the promotion of the public health and safety shall
prevail. In any case where a provision of this ordinance is
found to be in conflict with an existing provision of any
other ordinance or code or regulation in force in the City
of Baltimore which establishes a lower standard for the
promotion and protection of the public health and safety,
the provision of this ordinance shall prevail, and the other
existing provision of such other ordinance or code or
regulation is hereby repealed to the extent that it may be
found in conflict with this ordinance.
ORDINANCES 209
Sec. 10. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved March 27, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 687
(Council No. 1403)
An Ordinance providing for a supplementary general fund
appropriation in the amount of Fifty throo thousand
Forty nine Dollars ($53,019) FIFTY-EIGHT THOU-
SAND EIGHT HUNDRED AND THIRTY-FIVE DOL-
LARS ($58,835) to the Baltimore City Health Depart-
ment to be used for additional Psychiatric Day Center
Services in accordance with the provisions of Article VI,
Section 2(h)(2) of the Baltimore City Charter (1964
Revision) .
Whereas, the money appropriated herein represents a
grant from a public source which could not be expected
with reasonable certainty at the time of formulation of the
proposed Ordinance of Estimates for the 1978 fiscal year,
in accordance with the provisions of Article VI, Section
2(h)(2) of the Baltimore City Charter (1964 Revision);
and
Whereas, the supplementary general fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a mooting e£ sa44 Board he44 e» the 14th 4ay
e£ Docombor, 49W? MEETINGS OF SAID BOARD HELD
ON THE 14TH DAY OF DECEMBER, 1977 AND ON
THE 8TH DAY OF MARCH, 1978, all in accordance with
Article VI, Section 2(h)(2) of said Charter.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2(h)(2) of the 1964 revision of the Charter of
Baltimore City the sum of Fifty throo Thousand Forty nino
210 ORDINANCES Ord. No. 688
Dollars ($53,049) FIFTY-EIGHT THOUSAND EIGHT
HUNDRED AND THIRTY-FIVE DOLLARS ($58,835)
shall be made available to the Baltimore City Health
Department as a supplementary general fund appro-
priation for the fiscal year ending June 30, 1978 for
the purpose of additional Psychiatric Day Center Services.
The amount thus made available as a supplementary general
fund appropriation shall be expended from a grant of funds
to the Mayor and City Council of Baltimore by the State
Department of Health and Mental Hygiene in excess of
the amount from this source which was estimated or relied
upon by the Board of Estimates in determining the tax
levy required to balance the budget for the 1978 fiscal year ;
and said funds shall be the source of revenue for this sup-
plementary general fund appropriation, as required by
Article VI, Section 2 of the 1964 revised Charter of
Baltimore City.
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved March 27, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 688
(Council No. 1443)
An Ordinance providing for a supplementary special fund
appropriation in the amount of Twenty-five Million Dol-
lars ($25,000,000) to the Mayor's Office of Manpower
Resources to be used for a Youth Incentive Entitlement
Pilot Project, in accordance with the provisions of Article
VI, Section 2(h) (2) of the Baltimore City Charter (1964
Revision).
Whereas, the money appropriated herein represents a
grant from a public source which could not be expected with
reasonable certainty at the time of the formulation of the
1977-19 '8 Ordinance of Estimates; and
ORDINANCES 211
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
1st day of February, 1978, all in accordance with Article
VI, Section 2(h)(2) of the 1964 revised Charter of Balti-
more City.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2(h)(2) of the 1964 revision of the Charter of
Baltimore City, the sum of Twenty-five Million Dollars
($25,000,000) shall be made available to the Mayor's Office
of Manpower Resources of the City of Baltimore as a
supplementary special fund appropriation for the fiscal year
ending June 30, 1978 for the purpose of a Youth Incentive
Entitlement Pilot Project. The amount thus made avail-
able as a supplementary special fund appropriation shall
be expended from a grant of funds to the Mayor and City
Council of Baltimore by the United States Department of
Labor under the Youth Employment and Demonstration
Projects Act of 1977 (CETA Title III), said sum being
specifically allotted to the Mayor and City Council of Balti-
more for the aforesaid purpose; and said fund from said
United States Department of Labor under the Youth Em-
ployment and Demonstration Projects Act of 1977 (CETA
Title III) shall be the source of revenue for this supple-
mentary special fund appropriation, as required by Article
VI, Section 2(h)(2) of the 1964 revised Charter of
Baltimore City.
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved March 27, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
212 ORDINANCES Ord. No. 689
No. 689
(Council No. 1049)
An Ordinance to amend Sheets 46 and 47 of the Zoning
District Map of Article 30 of the Baltimore City Code
(1966 Edition), title "Zoning", (Ordinance No. 1051,
approved April 20, 1971) by changing from the R-8 to
the B-2-2 Zoning District a rectangular strip of land
between Caroline and Bond Streets, approximately 115
feet south of Eager Street, which is a portion of Dis-
position Lot 13 in the Gay Street I Urban Renewal
Project.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That Sheets 46 and 47 of the Zoning District
Map of Article 30 of the Baltimore City Code (1966 Edi-
tion), title "Zoning", (Ordinance No. 1051, approved
April 20, 1971) be and they are hereby amended by chang-
ing from the R-8 to the B-2-2 Zoning District a rectangular
strip of land between Caroline and Bond Streets, approxi-
mately 115 feet south of Eager Street as outlined in red
on the plat accompanying this ordinance.
Sec. 2. And be it further ordained, That upon passage
of this ordinance by the City Council, as evidence of the
authenticity of the plat which is a part hereof and in order
to give notice of the Departments which are administering
the Zoning Ordinance, the President of the City Council
shall sign the plat. The City Treasurer shall then transmit
a copy of the ordinance and one of the plats to the follow-
ing: The Board of Municipal and Zoning Appeals, the
Planning Commission, the Commissioner of the Depart-
ment of Housing and Community Development, and the
Zoning Administrator.
Sec. 3. And be it further ordained, That this ordinance
shall take effect on the date of its passage.
Approved April 17, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
ORDINANCES 213
No. 690
(Council No. 1206)
An Ordinance to approve the application of Ralph DeChiaro
Enterprises, Inc. and Ralph DeChiaro and Dorothy De-
Chiaro to amend Ordinance No. 417, approved July 11,
1973, and thereby amend the Residential Planned De-
velopment of part of the property located on the south
side of Fallstaff Road, north and east of Bartol Avenue,
north and south of Benhurst Road, and east of Clarks
Lane, and the Development Plan as approved by said
Ordinance No. 417.
Whereas, by Ordinance No. 417 approved July 11, 1973,
the application of Carl M. Freeman Associates, Inc. and
Ralph DeChiaro Enterprises, Inc. to have the property
located on the south side of Fallstaff Road, north and east
of Bartol Avenue, north and south of Benhurst Road, and
east of Clarks Lane, as outlined in red on the Plats accom-
panying that ordinance, designated a Residential Planned
Development in accordance with Section 12.0-1 and 12.0-2 of
Article 30 of the Baltimore City Code (1966 Edition), as
amended by Ordinance No. 1051, approved April 20, 1971;
and the Development Plan submitted by the said Carl M.
Freeman Associates, Inc. and Ralph DeChiaro Enterprises,
Inc., were approved, subject to certain conditions; and
Whereas, that part of the property which was the sub-
ject of Ordinance No. 417 aforesaid that had been owned
solely by Ralph DeChiaro Enterprises, Inc. (sometimes
known and referred to as Benhurst Park) is now owned
partly by the said Ralph DeChiaro Enterprises, Inc. and
by Ralph DeChiaro and Dorothy DeChiaro, individually;
and
Whereas, that part of the property which was subject to
Ordinance No. 417 aforesaid that was owned by Carl M.
Freeman Associates, Inc. (sometimes known and referred
to as Heather Ridge) is now owned partly by Heather Ridge
Joint Venture- A, a Maryland general partnership, and
Heather Ridge Joint Venture-B, a Maryland limited part-
nership; and
Whereas, the said Ralph DeChiaro Enterprises, Inc. and
Ralph DeChiaro and Dorothy DeChiaro wish to amend the
214 ORDINANCES Ord. No. 690
Development Plan approved by Ordinance No. 417 afore-
said, as it relates to Benhurst Park only, as hereinafter set
forth; and
Whereas, on September 1, 1977 representatives of Ralph
DeChiaro Enterprises, Inc. and Ralph DeChiaro and Dor-
othy DeChiaro met with the Director of Planning, the
designated officer of the Baltimore City Planning Com-
mission to hold a pre-petition conference to explain scope
and nature of the proposed amendment to the Development
Plan; and
Whereas, the Development Plan amendment submitted
reflects :
A. Compliance with the City Council conditions of ap-
proval of said Ordinance No. 417;
B. Attention to present market conditions by amending
the Plan to permit construction of 160 detached and semi-
detached and attached (townhouse) single family homes
in Benhurst Park;
C. Variances from front, rear and side yard require-
ments for the "zero lot line" detached and semi-detached
single family homes, and attached single family homes, and
to allow parking in a required front yard; and
Whereas, it is desired to acknowledge the development
control flexibility and superior design potential inherent in
the planned development ordinance approach, as evidenced
by bestowal of national design award recognition to the
first construction phase of Benhurst Park/Heather Ridge;
and
Whereas, Ralph DeChiaro Enterprises, Inc. and Ralph
DeChiaro and Dorothy DeChiaro individually, hereby make
formal application to the Baltimore City Council and sub-
mit requisite amended development plans to include those
requirements specified in Section 12.0-1 and 12.0-2 of Article
30 of the Baltimore City Code (1966 Edition) as amended
by Ordinance No. 1051, approved April 20, 1971.
Now, therefore,
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the amended Development Plan sub-
ORDINANCES 215
mitted by Ralph DeChiaro Enterprises, Inc. and Ralph
DeChiaro and Dorothy DeChiaro individually, attached
hereto and made a part hereof, to amend the Development
Plan approved by Ordinance No. 417, approved July 11,
1973, aforesaid be and it is hereby approved.
Sec. 2. And be it further ordained, That the conditions for
approval of Ordinance No. 417 shall remain unchanged.
Sec. 3. And be it further ordained, That upon passage of
this ordinance by the City Council, as evidence of the au-
thenticity of the plans which are a part hereof and in order
to give notice to the Departments which are administering
the zoning ordinance AND THE BUILDING CODE, the
President of the City Council shall sign the plans, and when
the Mayor approves the ordinance, he shall sign the plans.
The City Treasurer shall then transmit a copy of the ordi-
nance and one set of plans to the Board of Municipal and
Zoning Appeals, the Planning Commission, a»4 the Zoning
Administrator , AND THE DIVISION OF CONSTRUC-
TION AND BUILDINGS INSPECTION.
Sec. 4. And be it further ordained, That this ordinance
shall take effect 30 days from the date of its passage.
Approved April 17, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 691
(Council No. 1219)
An Ordinance to condemn and open, an alley, varying in
width, from 9 feet to 10 feet located in the rear of prop-
erties known as Nos. 1200 through 1226-1228 N. Charles
Street, extending from Biddle Street, Northerly to Pres-
ton Street and lying within the area of the Mid-Town
Belvedere Project in accordance with a plat thereof num-
bered, 334-A-2, prepared by the Surveys and Records
Division and filed in the Office of the Department of Pub-
216 ORDINANCES Ord. No. 691
lie Works, on the Twenty-first (21st) day of September,
1977, and now on file in said office.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the Department of Public Works be, and
they are hereby authorized and directed to condemn, open,
an alley, varying in width, from 9 feet to 10 feet located in
the rear of properties known as Nos. 1200 through 1226-
1228 N. Charles Street, extending from Biddle Street,
Northerly to Preston Street and lying within the area of the
Mid-Town Belvedere Project the alley hereby directed to be
condemned for said opening being described as follows :
Beginning for the same at the point formed by the inter-
section of the south side of Preston Street, as now laid out
66 feet wide and the east side of a 10 foot alley laid out 110
feet west from the west side of N. Charles Street, as now
laid out 66 feet wide and running thence binding on the
east side of said 10 foot alley, Southerly 173 feet, more or
less, to the north side of a 9 foot alley laid out 109 feet
west from the west side of said N. Charles Street; thence
binding on the north side of said 9 foot alley, Easterly 1
foot, to the east side of said 9 foot alley; thence binding on
the east side of said 9 foot alley, Southerly 149 feet, more
or less, to intersect the north side of Biddle Street, as now
laid out 66 feet wide; thence binding on the north side of
said Biddle Street, Westerly 9 feet to intersect the west side
of said 9 foot alley; thence binding on the west side of said
9 foot alley, Northerly 150 feet, more or less, to the south
side of the 10 foot alley mentioned firstly herein; thence
binding on the south side of said 10 foot alley, Westerly
2 feet, to the west side of said 10 foot alley; thence binding
on the west side of said 10 foot alley, Northerly 173 feet,
more or less, to intersect the south side of said Preston
Street and thence binding on the south side of said Preston
Street Easterly 10 feet to the place of beginning.
the said alley varying in width from 9 feet to 10 feet as di-
rected to be condemned being more particularly described
and referred to among the Land Records of Baltimore City
and delineated and particularly shown on a plat numbered
334-A-2 which was filed in the Office of the Department of
Public Works on the Twenty-first (21st) day of September
in the year 1977, and now on file in said Office.
ORDINANCES 217
SEC. 2. And be it further ordained, That the proceedings
of said Department of Public Works, with reference to the
condemnation and opening of said alley varying in width
from 9 feet to 10 feet and the proceedings and rights of all
parties interested or affected thereby, shall be regulated by,
and be in accordance with, any and all applicable provisions
of Article 4 of the Code of Public Local Laws of Maryland
and the Charter of Baltimore City (1964 Revision) as
amended to July 1, 1973 and any and all amendments
thereto, and any and all other Acts of the General Assembly
of Maryland, and any and all ordinances of the Mayor and
City Council of Baltimore, and any and all rules or regula-
tions in effect which have been adopted by the Director of
Public Works and filed with the Department of Legislative
Reference.
Sec. 3. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved April 17, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 692
(Council No. 1220)
An Ordinance to condemn and close an alley, varying in
width, from 9 feet to 10 feet located in the rear of the
properties known as Nos. 1200 through 1226-1228 N.
Charles Street, extending from Biddle Street, Northerly
to Preston Street and lying within the area of the Mid-
Town Belvedere Project in accordance with a plat thereof
numbered 334-A-2A, prepared by the Surveys and Records
Division and filed in the Office of the Department of Public
Works, on the Twenty-first (21st) day of September,
1977, and now on file in said office.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the Department of Public Works be, and
they are hereby authorized and directed to condemn and
218 ORDINANCES Ord. No. 692
close an alley, varying in width from 9 feet to 10 feet located
in the rear of the properties known as Nos. 1200 through
1226-1228 N. Charles Street, extending from Biddle Street,
Northerly to Preston Street and lying within the area of the
Mid-Town Belvedere Project the alley hereby directed to be
condemned for said closing being described as follows :
Beginning for the same at the point formed by the inter-
section of the south side of Preston Street, as now laid out
66 feet wide and the east side of a 10 foot alley laid out
110 feet west from the west side of N. Charles Street, as
now laid out 66 feet wide and running thence binding on the
east side of said 10 foot alley, Southerly 173 feet, more or
less, to the north side of a 9 foot alley laid out 109 feet west
from the west side of said N. Charles Street; thence binding
on the north side of said 9 foot alley, Easterly 1 foot, to the
east side of said 9 foot alley; thence binding on the east
side of said 9 foot alley, Southerly 149 feet, more or less, to
intersect the north side of Biddle Street, as now laid out 66
feet wide; thence binding on the north side of said Biddle
Street, Westerly 9 feet to intersect the west side of said 9
foot alley; thence binding on the west side of said 9 foot
alley, Northerly 150 feet, more or less, to the south side of
the 10 foot alley mentioned firstly herein; thence binding on
the south side of said 10 foot alley, Westerly 2 feet, to the
west side of said 10 foot alley; thence binding on the west
side of said 10 foot alley, Northerly 173 feet, more or less,
to intersect the south side of said Preston Street and thence
binding on the south side of said Preston Street, Easterly 10
feet to the place of beginning.
the said alley varying in width from 9 feet to 10 feet as
directed to be condemned being more particularly described
and referred to among the Land Records of Baltimore City
and delineated and particularly shown on a plat numbered
334-A-2A which was filed in the Office of the Department of
Public Works on the Twenty-first (21st) day of September
in the year 1977, and is now on file in the said Office.
Sec. 2. And be it further ordained, That after said high-
way or highways shall have been closed under the provisions
of this ordinance, all subsurface structures and appurten-
ances now owned by the Mayor and City Council of Balti-
more, shall be and continue to be the property of the Mayor
ORDINANCES 219
and City Council of Baltimore, in fee simple, until the use
thereof shall be abandoned by the Mayor and City Council
of Baltimore, and in the event that any person, firm or cor-
poration shall desire to remove, alter or interfere therewith,
such person, firm or corporation shall first obtain permis-
sion and permits therefor from the Mayor and City Council
of Baltimore, and shall in the application for such per-
mission and permits agree to pay all costs and charges of
every kind and nature made necessary by such removal,
alteration or interference.
Sec. 3. And be it further ordained, That no buildings or
structures of any kind shall be constructed or erected in said
portion of said highway or highways after the same shall
have been closed under the provisions of this ordinance until
the subsurface structures and appurtenances over which
said buildings or structures are proposed to be constructed
or erected shall have been abandoned or shall have been
removed and relaid in accordance with the specifications
and under the direction of the Director of Public Works of
Baltimore City, and at the expense of the person or persons
or body corporate desiring to erect such buildings or struc-
tures. Railroad tracks shall be taken to be "structures"
within the meaning of this section.
Sec. 4. And be it further ordained, That on and after the
closing of said highway or highways, the said Mayor and
City Council of Baltimore, acting through its duly author-
ized representatives, shall, at all times, have access to said
property and to all subsurface structures and appurtenances
used by it therein, for the purposes of inspection main-
tenance, repair, alteration, relocation and/or replacement,
of any or all of said structures and appurtenances, and this
without permission from or compensation to the owner or
owners of said land.
Sec. 5. And be it further ordained, That the proceedings
of said Department of Public Works with reference to the
condemnation and closing of said alley varying in width
from 9 feet to 10 feet and the proceedings and rights of all
parties interested or affected thereby, shall be regulated by,
and be in accordance with, any and all applicable provisions
of Article 4 of the Code of Public Local Laws of Maryland
220 ORDINANCES Ord. No. 693
and the Charter of Baltimore City (1964 Revision) as
amended to July 1, 1973 and any and all amendments
thereto, and any and all other Acts of the General Assembly
of Maryland, and any and all ordinances of the Mayor and
City Council of Baltimore, and any and all rules or regula-
tions in effect which have been adopted by the Director of
Public Works and filed with the Department of Legislative
Reference.
Sec. 6. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved April 17, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 693
(Council No. 1221)
An Ordinance to condemn and open, a 15 foot alley located
in the rear of the properties known as Nos. 3905 through
3913 Cottage Avenue, being part of the Park Heights
Urban Renewal Project in accordance with a plat thereof
numbered, 319-A-28, prepared by the Surveys and Records
Division and filed in the Office of the Department of Public
Works, on the Twenty-second (22nd) day of September,
1977, and now on file in said office.
SECTION 1. Be it ordained by the Mayor and City Council
of Baltimore, That the Department of Public Works be, and
they are hereby authorized and directed to condemn, open, a
15 foot alley located in the rear of the properties known as
Nos. 3905 through 3913 Cottage Avenue, being part of
the Park Heights Urban Renewal Project, the alley hereby
directed to be condemned for said opening being described
as follows:
Beginning for the same at the point formed by the inter-
section of the southeast side of an alley, 10 feet wide, laid
out 100 feet southeast of the southeast side of Shirley
Avenue, as now laid out and the southwest side of an alley,
ORDINANCES 221
15 feet wide, there situate, said point of beginning also
being distant 143.05 feet northeasterly, measured along the
southeast side of said 10 foot alley from the northeast side of
Cottage Avenue, as now laid out 50 feet wide and running
thence binding on the southeast side of said 10 foot alley,
North 61°-55'-17" East 15.01 feet to the northeast side of
said 15 foot alley; thence binding on the northeast side of
said 15 foot alley, South 29°-32'-26" East 118.56 feet to the
northwest side of an alley, 10 feet wide, there situate;
thence binding on the northwest side of last said 10 foot
alley, South 54°-09'-25" West 15.09 feet to intersect the
southwest side of said 15 foot alley and thence binding on
the southwest side of said 15 foot alley, North 29°-32'-26"
West 120.60 feet to the place of beginning.
the said 15 foot alley as directed to be condemned being
more particularly described and referred to among the Land
Records of Baltimore City and delineated and particularly
shown on a plat numbered 319-A-28 which was filed in the
Office of the Department of Public Works on the Twenty-
second (22nd) day of September in the year 1977, and is
now on file in said Office.
SEC. 2. And be it further ordained, That the proceedings
of said Department of Public Works, with reference to the
condemnation and opening of said 15 foot alley and the pro-
ceedings and rights of all parties interested or affected
thereby, shall be regulated by, and be in accordance with,
any and all applicable provisions of Article 4 of the Code of
Public Local Laws of Maryland and the Charter of Balti-
more City (1964 Revision) as amended to July 1, 1973 and
any and all amendments thereto, and any and all other
Acts of the General Assembly of Maryland, and any and all
ordinances of the Mayor and City Council of Baltimore, and
any and all rules or regulations in effect which have been
adopted by the Director of Public Works and filed with the
Department of Legislative Reference.
Sec. 3. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved April 17, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
222 ORDINANCES Ord. No. 694
No. 694
(Council No. 1222)
An Ordinance to condemn and close a 15 foot alley located
in the rear of the properties known as Nos. 3905 through
3913 Cottage Avenue, being part of the Park Heights
Urban Renewal Project, in accordance with a plat thereof
numbered 319-A-28A, prepared by the Surveys and
Records Division and filed in the Office of the Department
of Public Works, on the Twenty-second (22nd) day of
September, 1977, and now on file in said office.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the Department of Public Works be, and
they are hereby authorized and directed to condemn and
close a 15 foot alley located in the rear of the properties
known as Nos. 3905 through 3913 Cottage Avenue, being
part of the Park Heights Urban Renewal Project, the alley
hereby directed to be condemned for said closing being
described as follows :
Beginning for the same at the point formed by the inter-
section of the southeast side of an alley, 10 feet wide, laid
out 100 feet southeast of the southeast side of Shirley
Avenue, as now laid out and the southwest side of an alley,
15 feet wide, there situate, said point of beginning also being
distant 143.05 feet northeasterly, measured along the south-
east side of said 10 foot alley from the northeast side of
Cottage Avenue, as now laid out 50 feet wide and running
thence binding on the southeast side of said 10 foot alley,
North 61°-55'-17" East 15.01 feet to the northeast side of
said 15 foot alley; thence binding on the northeast side of
said 15 foot alley, South 29°-32'-26" East 118.56 feet to the
northwest side of an alley, 10 feet wide, there situate;
thence binding on the northwest side of last said 10 foot
alley, South 54°-09'-25" West 15.09 feet to intersect the
southwest side of said 15 foot alley and thence binding on
the southwest side of said 15 foot alley, North 29°-32'-26"
West 120.60 feet to the place of beginning.
the said 15 foot alley as directed to be condemned being more
particularly described and referred to among the Land
Records of Baltimore City and delineated and particularly
ORDINANCES 223
shown on a plat numbered 319-A-28A which was filed in
the Office of the Department of Public Works on the
Twenty-second (22nd) day of September, in the year 1977
and is now on file in said Office.
Sec. 2. And be it further ordained, That after said
highway or highways shall have been closed under the provi-
sions of this Ordinance, all subsurface structures and appur-
tenances now owned by the Mayor and City Council of Bal-
timore, shall be and continue to be the property of the Mayor
and City Council of Baltimore, in fee simple, until the use
thereof shall be abandoned by the Mayor and City Council
of Baltimore, and in the event that any person, firm or
corporation shall first obtain permission and permits there-
for from the Mayor and City Council of Baltimore, and shall
in the application for such permission and permits agree
to pay all costs and charges of every kind and nature made
necessary by such removal, altonation ALTERATION or
interference.
Sec. 3. And be it further ordained, That no buildings or
structures of any kind shall be constructed or erected in
said portion of said highway or highways after the same
shall have been closed under the provisions of this ordinance
until the subsurface structures and appurtenances now
owned by the Mayor and City Council of Baltimore, over
which said buildings or structures are proposed to be
constructed or erected shall have been abandoned or shall
have been removed and relaid in accordance with the specifi-
cations and under the direction of the Director of Public
Works of Baltimore City, and at the expense of the person
or persons or body corporate desiring to erect such buildings
or structures. Railroad tracks shall be taken to be "struc-
tures" within the meaning of this section.
Sec. 4. And be it further ordained, That after said high-
way or highways shall have been closed under the provi-
sions of this ordinance, all subsurface structures and appur-
tenances owned by any person, firm or corporation, other
than the Mayor and City Council of Baltimore, shall upon
notice from the Director of Public Works of Baltimore City,
be promptly removed by and at the expense of the said
owners.
224 ORDINANCES Ord. No. 695
Sec. 5. And be it further ordained, That on and after
the closing of said highway or highways, the said Mayor
and City Council of Baltimore, acting through its duly
authorized representatives, shall, at all times, have access
to said property and to all subsurface structures and
appurtenances used by it therein, for the purposes of
inspection, maintenance, repair, alteration, relocation and
/or replacement, of any or all of said structures and appur-
tenances, and this without permission from or compensa-
tion to the owner or owners of said land.
Sec. 6. And be it further ordained, That the proceedings
of said Department of Public Works with reference to the
condemnation and closing of said 15 foot alley and the pro-
ceedings and rights of all parties interested or affected
thereby, shall be regulated by, and be in accordance with,
any and all applicable provisions of Article 4 of the Code
of Public Local Laws of Maryland and the Charter of Bal-
timore City (1964 Revision) as amended to July 1, 1973
and any and all amendments thereto, and any and all other
Acts of the General Assembly of Maryland, and any and all
ordinances of the Mayor and City Council of Baltimore, and
any and all rules or regulations in effect which have been
adopted by the Director of Public Works and filed with the
Department of Legislative Reference.
Sec. 7. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved April 17, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 695
(Council No. 1414)
An Ordinance to amend the Renewal Plan for Reservoir
Hill, which plan was approved by Ordinance No. 33
dated April 10, 1972, to, among other things, (1)
authorize the acquisition by purchase or by condemna-
ORDINANCES 225
tion by the Mayor and City Council of Baltimore, for
urban renewal purposes, of certain properties; (2)
change a residential designation on the land use plan to
right-of-way; (3) add standards for a commercial dis-
position lot to the Renewal Plan; (4) reorganize the
format of the Renewal Plan; (5) revise certain exhibits
attached to the Renewal Plan to indicate the changes
provided herein; and (6) provide for the effective date
hereof.
Whereas, the Renewal Plan for Reservoir Hill was
approved by the Mayor and City Council of Baltimore by
Ordinance No. 33 dated April 10, 1972, and last amended
by Ordinance No. 59 dated June 11, 1976 ; and
Whereas, pursuant to Section 26, Article 13, of the
Baltimore City Code (1966 Edition), as amended by Ordi-
nance No. 152 approved June 28, 1968, and Ordinance No.
325 approved May 31, 1977, no substantial change or
changes shall be made in any renewal plan after approval
by ordinance, without such change or changes first being
adopted and approved in the same manner as set forth in
said Section 26 for the approval of a renewal plan, namely
the preparation of such change or changes by the Depart-
ment of Housing and Community Development, the ap-
proval of such change or changes by the Director of the
Department of Planning, and approval and adoption by an
ordinance of the Mayor and City Council of Baltimore
after a public hearing in relation thereto, all in the manner
set forth in said Section 26 ; and
Whereas, extensive changes in the format of the Re-
newal Plan for Reservoir Hill make it infeasible to make
line-by-line changes ; therefore, the Department of Housing
and Community Development has prepared an amended
Renewal Plan for Reservoir Hill, including all prior
amendments to said Plan ; and
Whereas, the amended Renewal Plan for Reservoir
Hill has been approved by the Director of the De-
partment of Planning on January 18, 1978, with re-
spect to its conformity as to the Master Plan; the de-
tailed location of any public improvements proposed in
the amended Renewal Plan; its conformity to the rules
and regulations for subdivisions; and all zoning changes
226 ORDINANCES Ord. No. 695
proposed in the amended Renewal Plan; and the amended
Renewal Plan for Reservoir Hill has been approved and
recommended to the Mayor and City Council of Baltimore
by the Commissioner of the Department of Housing and
Community Development on January 18, 1978; now, there-
fore.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the amended Renewal Plan for Reser-
voir Hill, identified as "Urban Renewal Plan, Reservoir
Hill . . . revised to include Amendment No. 5, dated January
11, 1978", is hereby approved and the Clerk of the City
Council is hereby directed to file a copy of said amended
Renewal Plan with the Department of Legislative Refer-
ence as a permanent public record and to make the same
available for public inspection and information.
Sec. 2. And be it further ordained, That it may be neces-
sary to acquire by purchase or by condemnation the fee
simple interest, or any lesser interest, in and to certain
properties, together with all right, title, interest, and
estate that the owner or owners of said property interests
may have in all streets, alleys, ways or lanes, public or
private, both abutting the whole area described and/or
contained within the perimeter of said area, situate in
Baltimore City, Maryland, and described as follows :
2016 Linden Avenue
2018 Linden Avenue
2020 Linden Avenue
2022 Linden Avenue
2024 Linden Avenue
2030 Linden Avenue
2036 Linden Avenue
2038 Linden Avenue
2040 Linden Avenue
2042 Linden Avenue
2044 Linden Avenue
2048 Linden Avenue
2050 Linden Avenue
2064 Linden Avenue
2068 Linden Avenue
2070 Linden Avenue
2072 Linden Avenue
ORDINANCES 227
Sec. 3. And be it further ordained, That the Real
Estate Acquisition Division of the Department of the
Comptroller, or such person or persons and in such
manner as the Board of Estimates, in the exercise of the
power vested in it by Article V, Section 5, of the Baltimore
City Charter, may hereafter from time to time designate,
is or are authorized to acquire on behalf of the Mayor and
City Council of Baltimore and for the purposes described
in this ordinance the fee simple interest or any lesser
interest in and to the properties or portions thereof here-
inabove mentioned. If the said Real Estate Acquisition
Division of the Department of the Comptroller, or such
person or persons, and in such manner as the Board of
Estimates, in the exercise of the power vested in it by
Article V, Section 5, of the Baltimore City Charter, may
hereafter from time to time designate, is or are unable to
agree with the owner or owners on the purchase price for
said properties or portions thereof, it or they shall forth-
with notify the City Solicitor of Baltimore City, who shall
thereupon institute in the name of the Mayor and City
Council of Baltimore the necessary legal proceedings to
acquire by condemnation the fee simple interest or any
lesser interest in and to said properties or portions thereof.
Sec. 4. And be it further ordained, That in whatever
respect, if any, the amended Renewal Plan approved hereby
for Reservoir Hill may not meet the requirements as to the
content of a renewal plan or the procedures for the prepa-
ration, adoption, and approval of a renewal plan, as pro-
vided in Ordinance No. 152 approved June 28, 1968, and
amended by Ordinance No. 325 approved May 31, 1977, the
said requirements are hereby waived and the amended
Renewal Plan approved hereby is exempted therefrom.
Sec. 5. And be it further ordained, That in the event it
be judicially determined that any word, phrase, clause,
sentence, paragraph, section or part in or of this ordinance
or the application thereof to any person or circumstances
is invalid, the remaining provisions and the application of
such provisions to other persons or circumstances shall not
be affected thereby, the Mayor and City Council hereby
declaring that they would have ordained the remaining
provisions of this ordinance without the word, phrase,
228 ORDINANCES Ord. No. 696
clause, sentence, paragraph, section or part or the appli-
cation thereof so held invalid.
Sec. 6. And be it further ordained, That in any case
where a provision of this ordinance concerns the same
subject matter as an existing provision of any zoning,
building, electrical, plumbing, health, fire or safety ordi-
nance or code or regulation, the applicable provisions con-
cerned shall be construed so as to give effect to each;
provided, however, that if such provisions are found to be
in irreconcilable conflict, the provision which establishes the
higher standard for the promotion of the public health and
safety shall prevail. In any case where a provision of this
ordinance is found to be in conflict with an existing provi-
sion of any other ordinance or code or regulation in force
in the City of Baltimore which establishes a lower standard
for the promotion and protection of the public health and
safety, the provision of this ordinance shall prevail, and
the other existing provision of such other ordinance or
code or regulation is hereby repealed to the extent that it
may be found in conflict with this ordinance.
Sec. 7. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved April 17, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 696
(Council No. 1415)
An Ordinance to amend the Renewal Plan for the Druid
Heights Urban Renewal project, which Plan was ap-
proved by Ordinance No. 376, dated June 28, 1977, to,
among other things, (1) delete from acquisition certain
properties listed in Ordinance No. 376 dated June 28,
1977; (2) authorize the acquisition by purchase or by
condemnation by the Mayor and City Council of Balti-
more, for urban renewal purposes, of certain properties ;
ORDINANCES 229
(3) revise certain exhibits attached to said Plan to indi-
cate the changes provided herein; and (4) provide for
the effective date hereof.
Whereas, a Renewal Plan for the Druid Heights project
was approved by the Mayor and City Council of Baltimore
by Ordinance No. 376, dated June 28, 1977 ; and
Whereas, pursuant to Section 26, Article 13, of the Bal-
timore City Code (1966 Edition), as amended by Ordinance
No. 152 approved June 28, 1968 and Ordinance No. 325
approved May 31, 1977, no substantial change or changes
shall be made in any renewal plan, after approval by
ordinance, without such change or changes first being
adopted and approved in the same manner as set forth in
said Section 26 for the approval of a renewal plan, namely
the preparation of such change or changes by the Depart-
ment of Housing and Community Development, the ap-
proval of such change or changes by the Director of the
Department of Planning, and approval and adoption by an
ordinance of the Mayor and City Council of Baltimore
after a public hearing in relation thereto, all in the manner
set forth in said Section 26 ; and
Whereas, the Department of Housing and Community
Development has prepared a list of changes to the Renewal
Plan for Druid Heights, known as "Amendment No. 1 to
the Urban Renewal Plan for Druid Heights", dated "Janu-
ary 5, 1978 AND REVISED MARCH 7, 1978"; and
Whereas, said Amendment No. 1 to the Renewal Plan
for Druid Heights has been approved by the Director of
the Department of Planning on January 18, 1978 with
respect to its conformity as to the Master Plan ; the detailed
location of any public improvements proposed in the
amended Renewal Plan; its conformity to the rules and
regulations for subdivisions; and all zoning changes pro-
posed in the amended Renewal Plan ; and said Amendment
No. 1 to the Renewal Plan has been approved and recom-
mended to the Mayor and City Council of Baltimore by the
Commissioner of the Department of Housing and Com-
munity Development on January 18, 1978, now, therefore,
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the following amendments and changes
230 ORDINANCES Ord. No. 696
to the Renewal Plan for the Druid Heights Urban Renewal
project, having been duly reviewed and considered, are
hereby approved, and the Clerk of the City Council is
hereby directed to file a copy of said Renewal Plan revised
to include Amendment No. 1, dated January 5, 1978 AND
REVISED MARCH 7, 1978, with the Department of Leg-
islative Reference as a permanent public record and make
the same available for public inspection and information.
1. In the Table of Contents, page ii, section entitled
"EXHIBITS", delete the dates of the maps for Exhibits 1
through AND 4 from "3/8/77" and insert in lieu thereof
"1/5/78'% AND FOR EXHIBITS 2 AND 3 FROM
"3/8/77" AND INSERT IN LIEU THEREOF 3/7/78.
2. In Section B.l.c, entitled "Non-Conforming Uses",
page 2, line 9, add the following after the word "estab-
lished":
"between the date of the survey on which Appendix A is
based and the approval of this Plan by the Mayor and City
Council of Baltimore".
3. In Section C.4.b., entitled "Community Review",
page 7, line 2, and page 8, lines 6, 8, and 15, delete the
word "assigned" and insert in lieu thereof "assignee".
4. In Section E., entitled "PROCEDURES FOR
CHANGES IN APPROVED PLAN", page 8, line 4, delete
the word "sumitted" and insert in lieu thereof "submit-
ted", and delete the words "City Planning Commission"
and insert in lieu thereof "Director of the Department of
Planning".
5. Delete Appendix A, entitled "NON-CONFORMING
USES", page 10, and Appendix B, entitled "PROPERTIES
FOR ACQUISITION AND DISPOSITION FOR REHA-
BILITATION", page 11, and insert in lieu thereof revised
Appendices A and B.
6. Delete Exhibits 1 through AND 4, dated "3/8/77"
from the Plan and insert in lieu thereof revised Exhibits 1
through AND 4, dated "1/5/78'% AND DELETE EX-
HIBITS 2 AND 3, DATED "3/8/77" AND INSERT IN
LIEU THEREOF REVISED EXHIBITS 2 AND 3,
DATED "3/7/78".
ORDINANCES 231
Sec. 2. And be it further ordained, That it is necessary
to delete the following properties or portions thereof from
the list of properties to be acquired in Ordinance No. 376,
dated June 28, 1977 :
579 Baker Street
2140 Division Street
2142 Division Street
2144 Division Street
2146 Division Street
2024 ETTING STREET
541 Robert Street
Sec. 3. And be it further ordained, That it is necessary
to acquire, by purchase or by condemnation, for urban
renewal purposes, the fee simple interest or any lesser in-
terest in and to certain properties or portions thereof,
together with all right, title, interest, and estate that the
owner or owners of said property interests may have in all
streets, alleys, ways or lanes, public or private, both abut-
ting the whole area described and/or contained within the
perimeter of said area, situate in Baltimore City, Maryland,
and described as follows :
589 Baker Street
1837 Division Street
3044 Division Street
2047 Division Street
2101 Division Street
2108 Division Street
2143 Division Street
1802 Druid Hill Avenue
1812 Druid Hill Avenue
1821 Druid Hill Avenue
1924 McCulloh Street
1926 McCulloh Street
1928 McCULLOH STREET
2100% McCULLOH STREET
Sec. 4. And be it further ordained, That the Real Estate
Acquisition Division of the Department of the Comptroller,
232 ORDINANCES Ord. No. 696
or such person or persons and in such manner as the Board
of Estimates, in the exercise of the power vested in it by
Article V, Section 5, of the Baltimore City Charter, may
hereafter from time to time designate, is or are authorized
to acquire on behalf of the Mayor and City Council of
Baltimore and for the purposes described in this ordi-
nance, the fee simple interest or any lesser interest in and
to the properties or portions thereof hereinabove men-
tioned. If the said Real Estate Acquisition Division of the
Department of the Comptroller, or such person or persons,
and in such manner as the Board of Estimates in the
exercise of the power vested in it by Article V, Section 5,
of the Baltimore City Charter, may hereafter from time
to time designate, is or are unable to agree with the owner
or owners on the purchase price for said properties or por-
tions thereof, it or they shall forthwith notify the City
Solicitor of Baltimore City, who shall thereupon institute
in the name of the Mayor and City Council of Baltimore the
necessary legal proceedings to acquire by condemnation the
fee simple interest or any lesser interest in and to said
properties or portions thereof.
Sec. 5. And be it further ordained, That in whatever
respect, if any, the amended Renewal Plan approved
hereby for the Druid Heights Urban Renewal project may
not meet the requirements as to the content of a renewal
plan or the procedures for the preparation, adoption, and
approval of renewal plans, as provided in Ordinance No. 152
approved June 28, 1968, and Ordinance No. 325 approved
May 31, 1977, the said requirements are hereby waived and
the amended Renewal Plan approved hereby is exempted
therefrom.
Sec. 6. And be it further ordained, That in the event it
be judicially determined that any word, phrase, clause,
sentence, paragraph, section or part in or of this ordinance
or the application thereof to any person or circumstances
is invalid, the remaining provisions and the application of
such provisions to other persons or circumstances shall not
be affected thereby, the Mayor and City Council hereby
declaring that they would have ordained the remaining pro-
visions of this ordinance without the word, phrase, clause,
ORDINANCES 233
sentence, paragraph, section or part or the application
thereof so held invalid.
Sec. 7. And be it further ordained, That in any case
where a provision of this ordinance concerns the same
subject matter as an existing provision of any zoning,
building, electrical, plumbing, health, fire or safety ordi-
nance or code or regulation, the applicable provisions con-
cerned shall be construed so as to give effect to each;
provided, however, that if such provisions are found to be
in irreconcilable conflict, the provision which establishes
the higher standard for the promotion of the public health
and safety shall prevail. In any case where a provision of
this ordinance is found to be in conflict with an existing
provision of any other ordinance or code or regulation in
force in the City of Baltimore which establishes a lower
standard for the promotion and protection of the public
health and safety, the provision of this ordinance shall pre-
vail, and the other existing provision of such other ordi-
nance or code or regulation is hereby repealed to the extent
that it may be found in conflict with this ordinance.
Sec. 8. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved April 17, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 697
(Council No. 1416)
An Ordinance to amend the Urban Renewal Plan for
Upton, which Plan was originally approved by Ordinance
No. 794, dated May 22, 1970, to, among other things:
(1) authorize the acquisition by purchase or by con-
demnation by the Mayor and City Council of Baltimore
for urban renewal purposes of certain properties; (2)
make certain land use changes; (3) delete certain prop-
erties from acquisition and disposition; (4) designate
234 ORDINANCES Ord. No. 697
certain properties for rehabilitation in lieu of clear-
ance; (5) modify the standards and controls and the
boundaries of certain disposition lots; (6) create several
new disposition lots; (7) delete the recommendation to
close certain streets and other rights-of-way; (8) revise
certain exhibits attached to the Renewal Plan to indi-
cate the changes provided herein; and (9) provide for
the effective date hereof.
Whereas, the Renewal Plan for the Upton Urban Re-
newal Project was approved by the Mayor and City
Council of Baltimore by Ordinance No. 794, dated May 22,
1970, and last amended by Ordinance No. 55, dated May
28, 1976; and
Whereas, pursuant to Section 26, Article 13 of the Bal-
timore City Code (1966 Edition), as amended by Ordi-
nance No. 152, dated June 28, 1968, and as further
amended by Ordinance No. 325, dated May 31, 1977, no
substantial change or changes shall be made in any re-
newal plan after approval by ordinance without such
change or changes first being adopted and approved in the
same manner as set forth in said Section 26 for the ap-
proval of a renewal plan, namely the preparation of such
change or changes by the Department of Housing and
Community Development, the approval of such change or
changes by the Director of the Department of Planning,
and approval and adoption by an ordinance of the Mayor
and City Council of Baltimore after a public hearing in
relation thereto, all in the manner set forth in said Section
26 ; and
Whereas, extensive changes in the Renewal Plan for
Upton make it infeasible to make line-by-line changes;
therefore, the Department of Housing and Community De-
velopment has prepared an amended Renewal Plan for
Upton, including all prior amendments to said Plan; and
Whereas, the amended Renewal Plan for Upton has been
approved by the Director of the Department of Planning
on January 18, 1978 with respect to its conformity as to
the Master Plan; the detailed location of any public im-
provements proposed in the amended Renewal Plan; its
conformity to the rules and regulations for subdivisions;
and all zoning changes proposed in the amended Renewal
ORDINANCES 235
Plan; and the amended Renewal Plan for Upton has been
approved and recommended to the Mayor and City Council
of Baltimore by the Commissioner of the Department of
Housing and Community Development on January 18,
1978 ; now, therefore,
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the amended Renewal Plan for Upton,
identified as "Urban Renewal Plan, Upton . . . revised to
include Amendment No. 7 dated January 11, 1978 AND
REVISED MARCH 14, 1978," is hereby approved and the
Clerk of the City Council is hereby directed to file a copy
of said amended Renewal Plan with the Department of
Legislative Reference as a permanent record and to make
the same available for public inspection and information.
Sec. 2. And be it further ordained, That it is necessary
to delete the following properties or portions thereof from
the list of properties to be acquired in Ordinance No. 794,
approved May 22, 1970:
one-story brick shed, approximately 14 ft. by 23 ft., lo-
cated at extreme rear of 1237 Druid Hill Avenue ;
1435 North Fremont Avenue ;
two story brick carriage house, approximately 4& £k by &9
&r? located at oxtromo ¥ee& e£ 1314 McCulloh Street.
one-story brick garage, approximately 15 ft. by 21 ft.,
located at extreme rear of 1720 McCulloh Street.
rear 50 feet, more or less, of 1309 Myrtle Avenue.
1920-1922 Pennsylvania Avenue.
Sec. 3. And be it further ordained, That it is necessary
to acquire by purchase or by condemnation for urban re-
newal purposes, the fee simple interest or any lesser
interest in and to certain properties or portions thereof,
together with all right, title, interest, and estate that the
owner or owners of said property interests may have in all
streets, alleys, ways or lanes, public or private, both abut-
ting the whole area described and/or contained within the
perimeter of said area, situate in Baltimore City, Maryland,
and described as follows :
236 ORDINANCES Ord. No. 697
909 Argyle Avenue
911 Argyle Avenue
913 Argyle Avenue
915 Argyle Avenue
917 Argyle Avenue
919 Argyle Avenue
1111 Argyle Avenue
1113 Argyle Avenue
1115 Argyle Avenue
1117 Argyle Avenue
1119 Argyle Avenue
1319 Argyle Avenue
1321 Argyle Avenue
1323 Argyle Avenue
626 W. Lafayette Avenue
628 W. Lafayette Avenue
630 W. Lafayette Avenue
629 W. Lanvale Street
630 W. Lanvale Street
631 W. Lanvale Street
633 W. Lanvale Street
1445 Pennsylvania Avenue
Sec. 4. And be it further ordained, That it is necessary
to acquire by purchase or by condemnation for urban re-
newal purposes, the fee simple interest or any lesser inter-
est, only the structure standing on the property described
as follows. The land upon which this structure stands may
not necessarily be acquired :
one-story brick store, approximately 17 ft. by 22 ft., located
at rear of 1745 Druid Hill Avenue.
Sec. 5. And be it further ordained, That the Real Estate
Acquisition Division of the Department of the Comp-
troller, or such person or persons and in such manner as
the Board of Estimates, in the exercise of the power vested
in it by Article V, Section 5, of the Baltimore City Charter,
may hereafter from time to time designate, is or are
authorized to acquire on behalf of the Mayor and City
Council of Baltimore, and for the purposes described in
this ordinance, the fee simple interest or any lesser inter-
ORDINANCES 237
est in and to the properties or portions thereof hereinabove
mentioned. If the said Real Estate Acquisition Division of
the Department of the Comptroller, or such person or per-
sons, and in such manner as the Board of Estimates, in
the exercise of the power vested in it by Article V, Section
5, of the Baltimore City Charter, may hereafter from time
to time designate, is or are unable to agree with the owner
or owners on the purchase price of said properties or por-
tions thereof, it or they shall forthwith notify the City
Solicitor of Baltimore City, who shall thereupon institute
in the name of the Mayor and City Council of Baltimore
the necessary legal proceedings to acquire by condemnation
the fee simple interest or any lesser interest in and to said
properties or portions thereof.
Sec. 6. And be it further ordained, That in whatever
respect, if any, the amended Renewal Plan approved
hereby for Upton may not meet the requirements as to
the content of a renewal plan or the procedures for the
preparation, adoption, and approval of a renewal plan, as
provided in Ordinance No. 152, approved June 28, 1968,
and amended by Ordinance No. 325, approved May 31,
1977, the said requirements are hereby waived and the
amended Renewal Plan approved hereby is exempted
therefrom.
Sec. 7. And be it further ordained, That in the event it
be judicially determined that any word, phrase, clause,
sentence, paragraph, section or part in or of this ordinance
or the application thereof to any person or circumstances
is invalid, the remaining provisions and the application of
such provisions to other persons or circumstances shall not
be affected thereby, the Mayor and City Council hereby
declaring that they would have ordained the remaining
provisions of this ordinance without the word, phrase,
clause, sentence, paragraph, section or part or the applica-
tion thereof so held invalid.
Sec. 8. And be it further ordained, That in any case
where a provision of this ordinance concerns the same sub-
ject matter as an existing provision of any zoning, build-
ing, electrical, plumbing, health, fire or safety ordinance or
code or regulation, the applicable provisions concerned
238 ORDINANCES Ord. No. 698
shall be construed so as to give effect to each; provided,
however, that if such provisions are found to be in irre-
concilable conflict, the provisions which establish the
higher standard for the promotion of the public health and
safety shall prevail. In any case where a provision of this
ordinance is found to be in conflict with an existing pro-
vision of any other ordinance or code or regulation in force
in the City of Baltimore which establishes a lower stan-
dard for the promotion and protection of the public health
and safety, the provision of this ordinance shall prevail,
and the other existing provision of such other ordinance
or code or regulation is hereby repealed to the extent that
it may be found in conflict with this ordinance.
Sec. 9. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved April 17, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 698
(Council No. 1417)
An Ordinance to amend the Urban Renewal Plan for the
Coldstream Homestead Montebello Area, which plan was
approved by Ordinance No. 289, dated February 28,
1977, to, among other things, (1) authorize the acquisi-
tion by purchase or by condemnation by the Mayor and
City Council of Baltimore, for urban renewal purposes,
of certain properties; (2) change the proposed land use
of certain properties; (3) create or expand certain dis-
position parcels and establish corresponding standards
and controls where appropriate; (4) add language per-
taining to and defining non-complying land uses and
identify those properties which are or will become non-
conforming uses; (5) recommend certain zoning dis-
trict changes; (6) revise and/or add certain appendices
or exhibits to said plan to indicate the changes provided
herein; and (7) provide for the effective date hereof.
ORDINANCES 239
Whereas, a Renewal Plan for Coldstream Homestead
Montebello was approved by the Mayor and City Council of
Baltimore by Ordinance No. 289, dated February 28, 1977;
and
Whereas, pursuant to Section 26, Article 13 of the Bal-
timore City Code (1966 Edition) as amended by Ordinance
No. 152 approved June 28, 1968, and Ordinance No. 325
approved May 31, 1977, no substantial change or changes
shall be made in any renewal plan, after approval by ordi-
nance, without such change or changes first being adopted
and approved in the same manner as set forth in said
Section 26 for the approval of a renewal plan, namely the
preparation of such change or changes by the Department
of Housing and Community Development, the approval of
such change or changes by the Director of the Department
of Planning, and approval and adoption by an ordinance of
the Mayor and City Council of Baltimore after a public
hearing in relation thereto, all in the manner set forth in
said Section 26 ; and
Whereas, extensive changes in the Renewal Plan make
it infeasible to make line-by-line changes; therefore, the
Department of Housing and Community Development has
prepared an amended Renewal Plan for Coldstream Home-
stead Montebello; and
Whereas, said amended Renewal Plan for Coldstream
Homestead Montebello has been approved by the Director
of the Department of Planning on January 18, 1978 with
respect to its conformity to the Master Plan ; the detailed
location of any public improvements proposed in the
amended Renewal Plan; its conformity to the rules and
regulations for subdivisions; and all zoning changes pro-
posed in the amended Renewal Plan, and said amended
Renewal Plan has been approved and recommended to the
Mayor and City Council of Baltimore City by the Com-
missioner of the Department of Housing and Community
Development on January 18, 1978 ; now, therefore,
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the amended Renewal Plan for Cold-
stream Homestead Montebello, identified as "Urban Re-
newal Plan, Coldstream Homestead Montebello . . . revised
240 ORDINANCES Ord. No. 698
to include Amendment No. 1, dated January 5, 1978" is
hereby approved, and the Clerk of the City Council is
hereby directed to file a copy of said amended Renewal
Plan with the Department of Legislative Reference as a
permanent public record and make the same available for
public inspection and information.
Sec. 2. And be it further ordained, That it may be neces-
sary to acquire by purchase or by condemnation the fee
simple interest, or any lesser interest, in and to certain
properties, together with all right, title, interest, and estate
that the owner or owners of said property interests may
have in all streets, alleys, ways or lanes, public or private,
both abutting the whole area described and/or contained
within the perimeter of said area, situate in Baltimore
City, Maryland, and described as follows:
1556 Abbotston Street
1558 Abbotston Street
1560 Abbotston Street
1768 Carswell Street
Ward 9, Section 17, Block 4137, Lot 26A (known as
1441 E. 28th Street)
Sec. 3. And be it further ordained, That the Real Estate
Acquisition Division of the Department of the Comptroller,
or such person or persons and in such manner as the
Board of Estimates, in the exercise of the power vested in
it by Article V, Section 5, of the Baltimore City Charter,
may hereafter from time to time designate, is or are
authorized to acquire on behalf of the Mayor and City
Council of Baltimore and for the purposes described in
this ordinance, the fee simple interest or any lesser inter-
est in and to the properties or portions thereof hereinabove
mentioned. If the said Real Estate Acquisition Division of
the Department of the Comptroller, or such person or per-
sons, and in such manner as the Board of Estimates in the
exercise of the power vested in it by Article V, Section 5,
of the Baltimore City Charter, may hereafter from time
to time designate, is or are unable to agree with the owner
or owners on the purchase price for said properties or por-
tions thereof, it or they shall forthwith notify the City
ORDINANCES 241
Solicitor of Baltimore City, who shall thereupon institute
in the name of the Mayor and City Council of Baltimore
the necessary legal proceedings to acquire by condemnation
the fee simple interest or any lesser interest in and to said
properties or portions thereof.
Sec. 4. And be it further ordained, That in whatever
respect, if any, the amended Renewal Plan approved
hereby for the Coldstream Homestead Montebello Urban
Renewal Area may not meet the requirements as to the
content of a renewal plan or the procedures for the prepa-
ration, adoption, and approval of renewal plans, as pro-
vided in Ordinance No. 152 approved June 28, 1968 and
Ordinance No. 325 approved May 31, 1977, the said require-
ments are hereby waived and the amended Renewal Plan
approved hereby is exempted therefrom.
Sec. 5. And be it further ordained, That the approval of
the amended Renewal Plan for Coldstream Homestead
Montebello shall not be construed as an enactment of such
amendments to the Zoning Ordinance as are proposed in
said amended Plan.
Sec. 6. And be it further ordained, That in the event it
be judicially determined that any word, phrase, clause,
sentence, paragraph, section or part in or of this ordinance
or the application thereof to any person or circumstances
is invalid, the remaining provisions and the application of
such provisions to other persons or circumstances shall not
be affected thereby, the Mayor and City Council hereby
declaring that they would have ordained the remaining
provisions of this ordinance without the word, phrase,
clause, sentence, paragraph, section or part or the applica-
tion thereof so held invalid.
Sec. 7. And be it further ordained, That in any case
where a provision of this ordinance concerns the same sub-
ject matter as an existing provision of any zoning, build-
ing, electrical, plumbing, health, fire or safety code or
regulation, the applicable provisions concerned shall be
construed so as to give effect to each; provided, however,
that if such provisions are found to be in irreconcilable
conflict, the provision which establishes the higher stan-
242 ORDINANCES Ord. No. 699
dard for the promotion of the public health and safety shall
prevail. In any case where a provision of this ordinance is
found to be in conflict with an existing provision of any
other ordinance or code or regulation in force in the City
of Baltimore which establishes a lower standard for the
promotion and protection of the public health and safety,
the provision of this ordinance shall prevail, and the other
existing provision of such other ordinance or code or regu-
lation is hereby repealed to the extent that it may be
found in conflict with this ordinance.
Sec. 8. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved April 17, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 699
(Council No. 1418)
An Ordinance approving an Urban Renewal Plan for
Greenmount West, bounded generally by Calvert Street
on the west, North Avenue on the north, Greenmount
Avenue on the east, and the Penn Central Railroad
right-of-way on the south; authorizing the acquisition
by purchase or by condemnation by the Mayor and
City Council of Baltimore, for urban renewal purposes,
of the fee simple interest or any lesser interest in and
to certain properties within Greenmount West; provid-
ing for review by the Department of Housing and
Community Development of all plans for new construc-
tion, exterior rehabilitation, or change in use within
Greenmount West; establishing procedures for the issu-
ance and denial of demolition permits ; providing that in
selling land in Greenmount West, the Department of
Housing and Community Development shall require
that developers agree in writing not to discriminate in
the sale, lease, use or occupancy of the property devel-
oped by them against any person because of race, CREED,
ORDINANCES 243
color, sex, or national origin ; providing that the approval
of said Renewal Plan is not an enactment of any of the
amendments to the Zoning Ordinance proposed therein;
waiving such requirements, if any, as to content or pro-
cedure for the preparation, adoption and approval of
Renewal Plans as set forth in Ordinance No. 152,
approved June 28, 1968, as amended to date, which the
Renewal Plan for Greenmount West may not meet; pro-
viding for the separability of the various parts and
applications of this ordinance ; providing that where the
provisions of this ordinance shall conflict with any other
ordinance, code or regulation, the provision which estab-
lishes the higher standard shall prevail; and providing
for the effective date hereof.
Whereas, the area known as "Greenmount West",
bounded generally by Calvert Street on the west, North
Avenue on the south NORTH, Greenmount Avenue on the
east, and the Penn Central Railroad right-of-way on the
south, lies within a portion of the Gay Street Urban Re-
newal Area, as designated by Ordinance No. 1668, approved
May 14, 1963, and last amended by Ordinance No. 513,
approved June 27, 1969; and
Whereas, under Ordinance No. 152 approved June 28,
1968 as amended by Ordinance No. 325 approved May 31,
1977, the Department of Housing and Community Devel-
opment is authorized to prepare and administer renewal
plans in renewal areas ; and
Whereas, the Department of Housing and Community
Development has prepared a Renewal Plan for Greenmount
West, consisting of a cover page, a table of contents, thir-
teen (13) pages of text, and four (4) exhibits; and
Whereas, the Renewal Plan for Greenmount West was
approved by the Director of the Department of Planning
on January 18, 1978 with respect to its conformity as to
the Master Plan; the detailed location of any public im-
provements proposed in the Renewal Plan; its conformity
to the rules and regulations for subdivisions ; and all zoning
changes proposed in the Renewal Plan, and the Renewal
Plan was approved and recommended to the Mayor and
City Council of Baltimore by the Commissioner of the
244 ORDINANCES Ord. No. 699
Department of Housing and Community Development on
January 18, 1978; now, therefore,
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the Urban Renewal Plan for the area
known as Greenmount West, as hereinbelow more particu-
larly described, is hereby approved, and the Clerk of the
City Council is hereby directed to file a copy of said Re-
newal Plan with the Department of Legislative Reference
as a permanent record and to make the same available for
public inspection and information.
Beginning for the same at the intersection of the west
side of Calvert Street with the south side of North Avenue ;
thence binding on the south side of North Avenue easterly,
crossing Guilford Avenue, Barclay Street, Brentwood Ave-
nue, and Greenmount Avenue, to intersect the east side of
Greenmount Avenue; thence binding on the east side of
Greenmount Avenue southerly to intersect the north side
of Hoffman Street; thence crossing Greenmount Avenue
and continuing on the north boundary line of the main line
Pennsylvania Railroad right-of-way westerly to intersect
the southwest side of Lot No. 32/34, Ward 12, Section 10,
Block 1128; thence continuing northwesterly and westerly
and binding on the end of Belvidere Street, north bound-
ary of Lot No. 53, Ward 12, Section 10, Block 1128, to
intersect the south side of East Oliver Street ; thence bind-
ing on the south side of East Oliver Street westerly, crossing
Guilford Avenue to the west side of Guilford Avenue;
thence binding on the west side of Guilford Avenue north-
erly to intersect the south property line of Lot No. 1, Ward
12, Section 10, Block 446 ; thence continuing northwesterly
and binding on the north boundary of Lot No. 2, Ward 12,
Section 10, Block 446 and continuing, crossing Calvert
Street to the west side of Calvert Street; thence binding
on the west side of Calvert Street northerly and crossing
Federal Street, Lanvale Street, Lafayette Avenue, and Tren-
ton Street to the point of beginning.
Sec. 2. And be it further ordained, That it is necessary
to acquire, by purchase or by condemnation, for urban
renewal purposes, the fee simple interest or any lesser in-
terest in and to certain properties or portions thereof,
ORDINANCES 245
together with all right, title, interest, and estate that the
owner or owners of said property interest may have in all
streets, alleys, ways or lanes, public or private, both abutting
the whole area described and/or contained within the perim-
eter of said area, situate in Baltimore City, Maryland, and
described as follows :
1616 Barclay Street
1618 Barclay Street
1700 Barclay Street
1714 Barclay Street
1716 Barclay Street
1800 Barclay Street
1601-15 N. Calvert Street
328 Federal Street
1639 Guilford Avenue
215 E. Lafayette Avenue
310 E. Lafayette Avenue
327 E. Lafayette Avenue
329 E. Lafayette Avenue
404 E. Lafayette Avenue
406 E. Lafayette Avenue
408 E. Lafayette Avenue
416 E. Lafayette Avenue
426 E. Lafayette Avenue
429 E. Lafayette Avenue
434 E. Lafayette Avenue
436 E. Lafayette Avenue
301 E. Lanvale Street
303 E. Lanvale Street
305 E. Lanvale Street
307 E. Lanvale Street
309 E. Lanvale Street
315 E. Lanvale Street
322 E. Lanvale Street
324 E. Lanvale Street
326 E. Lanvale Street
410 E. Lanvale Street
415 E. Lanvale Street
417 E. Lanvale Street
246 ORDINANCES Ord. No. 699
419 E. Lanvale Street
421 E. Lanvale Street
423 E. Lanvale Street
436 E. Lanvale Street
438 E. Lanvale Street
449 E. Lanvale Street
420 Pitman Place
436 Pitman Place
439 Pitman Place
Sec. 3. And be it further ordained, That it may be neces-
sary to acquire, by purchase or by condemnation, for urban
renewal purposes, the fee simple interest or any lesser
interest in and to such of the remaining properties or por-
tions thereof, together with all right, title, interest, and
estate that the owner or owners of said property interests
may have in all streets, alleys, ways or lanes, public or
private, both abutting the whole area described and/or
contained within the perimeter of said area in Greenmount
West not specifically designated for acquisition in Section
2 of this ordinance, as may be deemed necessary and
proper by the Commissioner of the Department of Hous-
ing and Community Development to effect the proper im-
plementation of the project. These properties may include :
(a) any property in the project area containing a non-
salvable structure, i.e. a structure which in the opinion
of the Commissioner of the Department of Housing and
Community Development cannot be economically rehabil-
itated.
(b) any property the owner of which is unable fce OR un-
willing to comply or conform to the codes and ordinances
of Baltimore City within 12 months from the date of
written notice of the required improvements, the Depart-
ment of Housing and Community Development, after due
consideration that the property owner has failed to achieve
substantial conformity with the codes and ordinances of
Baltimore City, may acquire such property pursuant to
the Eminent Domain Law of this State as if the property
had originally been planned for acquisition after 90 days
written notice to the owner. The Department of Housing
and Community Development reserves the right to acquire
ORDINANCES 247
any such non-complying property for a period of two (2)
years from the date of said written 90 days notice by the
Department of Housing and Community Development.
Sec. 4. And be it further ordained, That it may be neces-
sary to acquire by purchase or by condemnation for urban
renewal purposes the fee simple interest, or any lesser
interest, in and to such of the remaining properties or
portions thereof, together with all right, title, interest, and
estate that the owner or owners of said property interests
may have in all streets, alleys, ways or lanes, public or
private, abutting said properties in Greenmount West not
designated for acquisition in addition to those properties
enumerated in Sections 2 and 3 of this ordinance, in order
to carry out rehabilitation by the Department of Housing
and Community Development because :
(a) it is necessary to make residential structures avail-
able for use for low- and moderate-income families ; or
(b) rehabilitation on a structure-by-structure basis is
infeasible, and assemblage of a group of properties is re-
quired to carry out the objectives set forth in the Plan; or
(c) rehabilitation of individual, scattered properties is
necessary in order to remove blighting influences from
otherwise sound residential blocks.
Sec. 5. And be it further ordained, That upon acquisition
of the properties mentioned in Sections 3 and 4 of this
ordinance, the Department of Housing and Community
Development will either :
(a) demolish the structure or structures thereon and
dispose of the land for redevelopment for uses in accord-
ance with the Plan ; or
(b) sell or lease the property subject to rehabilitation
in conformance with the codes and ordinances of Balti-
more City ; or
(c) rehabilitate the property in conformance with the
codes and ordinances of Baltimore City and dispose of the
property in accordance with the applicable regulations. If
sale cannot be consummated by the time rehabilitation is
248 ORDINANCES Ord. No. 699
accomplished, property may be rented pending continuing
sale efforts.
Sec. 6. And be it further ordained, That the Real Estate
Acquisition Division of the Department of the Comptroller,
or such persons and in such manner as the Board of Esti-
mates, in the exercise of the power vested in it by Article
V, Section 5, of the Baltimore City Charter, may hereafter
from time to time designate, is or are authorized to acquire
on behalf of the Mayor and City Council of Baltimore and
for the purposes described in this ordinance, the fee simple
interest or any lesser interest in and to the properties or
portions thereof hereinabove mentioned. If the Real Estate
Acquisition Division of the Department of the Comptroller,
or such person or persons and in such manner as the Board
of Estimates, in the exercise of the power vested in it by
Article V, Section 5, of the Baltimore City Charter, may here-
after from time to time designate, is or are unable to agree
with the owner or owners on the purchase price for said
properties or portions thereof, it or they shall forthwith
notify the City Solicitor of Baltimore City, who shall there-
upon institute in the name of the Mayor and City Council
of Baltimore the necessary legal proceedings to acquire by
condemnation the fee simple interest or any lesser interest
in and to said properties or portions thereof.
SEC. 7. And be it further ordained, That all plans for new
construction (including parking lots), exterior rehabilita-
tion, or change in use on any property not to be acquired
under the provisions of the Plan shall be submitted to the
Department of Housing and Community Development for
review. Only upon finding that the proposed plans are con-
sistent with the objectives of the Urban Renewal Plan
shall the Commissioner of the Department of Housing and
Community Development authorize the processing of the
plans for issuance of a building permit. The provisions of
this section are in addition to and not in lieu of all other
applicable laws and ordinances relating to new con-
struction.
Sec. 8. And be it further ordained, That all applications
for demolition permits shall be submitted to the Depart-
ment of Housing and Community Development for review
ORDINANCES 249
and approval. Upon finding that the proposed demolition is
consistent with the objectives of the urban renewal plan,
the Commissioner of the Department of Housing and Com-
munity Development shall authorize the issuance of the
necessary permit. If the Commissioner finds that the pro-
posal is inconsistent with the objectives of the urban
renewal plan and therefore denies the issuance of the per-
mit, within 90 days of such denial, he shall seek approval
of the Board of Estimates to acquire for and on behalf of
the Mayor and City Council of Baltimore the property, in
whole or in part, on which said demolition was to have
occurred by purchase, lease, condemnation, gift, or other
legal means for the renovation, rehabilitation and disposi-
tion thereof. In the event that the Board of Estimates does
not authorize the acquisition, the Commissioner shall,
without delay, issue the demolition permit.
Sec. 9. And be it further ordained, That in selling or
otherwise disposing of property in the Greenmount West
area, the Department of Housing and Community Develop-
ment shall require that the developers agree in writing not
to discriminate in the sale, lease, use or occupancy of the
property developed by them against any person because of
race, creed, color, sex, or national origin.
Sec. 10. And be it further ordained, That the approval
of the Renewal Plan for Greenmount West shall not be
construed as an enactment of such amendments to the Zon-
ing Ordinance as are proposed in the Renewal Plan.
Sec. 11. And be it further ordained, That in whatever
respect, if any, the Renewal Plan approved hereby for the
Greenmount West area may not meet the requirements as
to the content of a Renewal Plan or the procedure for the
preparation, adoption, and approval of Renewal Plans as
provided in Ordinance No. 152, approved June 28, 1968
and Ordinance No. 325, approved May 31, 1977, the said
requirements are hereby waived and the Renewal Plan
approved hereby is exempted therefrom.
Sec. 12. And be it further ordained, That in the event it
be judicially determined that any word, phrase, clause,
sentence, paragraph, section or part in or of this ordinance,
250 ORDINANCES Ord. No. 700
or the application thereof to any person or circumstances
is invalid, the remaining provisions and the application of
such provisions to other persons or circumstances shall not
be affected thereby, the Mayor and City Council hereby
declaring that they would have ordained the remaining
provisions of this ordinance without the word, phrase,
clause, sentence, paragraph, section or part or the applica-
tion thereof so held invalid.
Sec. 13. And be it further ordained, That in any case
where a provision of this ordinance concerns the same
subject matter as an existing provision of any zoning,
building, electrical, plumbing, health, fire or safety ordi-
nance or code or regulation, the applicable provisions con-
cerned shall be construed so as to give effect to each;
provided, however, that if such provisions are found to be
in irreconcilable conflict, the provision which establishes
the higher standard for the promotion and protection of
the public health and safety shall prevail. In any case
where a provision of this ordinance is found to be in con-
flict with an existing provision of any other ordinance or
code or regulation in force in the City of Baltimore which
establishes a lower standard for the promotion and pro-
tection of the public health and safety, the provision of
this ordinance shall prevail, and the other existing provi-
sion of such other ordinance or code or regulation is hereby
repealed to the extent that it may be found in conflict with
this ordinance.
Sec. 14. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved April 17, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 700
(Council No. 1436)
An Ordinance authorizing the Mayor and City Council of
Baltimore to sell at either public or private sale in
ORDINANCES 251
accordance with Article V, Section 5(b) of the City
Charter, all of the interest of the Mayor and City Coun-
cil of Baltimore in and to that parcel of land and im-
provements known as Lot 61 of Block 5093, Baltimore,
Maryland, said property being no longer needed for
public use.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the Comptroller of Baltimore City be
and he is hereby authorized to sell at either public or pri-
vate sale in accordance with Article V, Section 5(b) of the
City Charter, all of the interest of the Mayor and City
Council of Baltimore in and to that parcel of land situate
in Baltimore, Maryland, and described as follows :
BEGINNING for the same at a point on the south side
of Northern Parkway, varying in width, as authorized
under Ordinance No. 891 approved July 8, 1970 authorizing
the acquisition of properties by purchase or condemnation
for the opening of Northern Parkway, distant 534 feet,
more or less, westerly measured along the south side of said
Northern Parkway from the west side of York Road, as
now laid out 80 feet wide, said point of beginning being
on the second line of the parcel of land conveyed by Floyd
E. Hock and wife to the Mayor and City Council of Balti-
more by deed dated November 10, 1971 and recorded
among the Land Records of Baltimore City in Liber R.H.B.
No. 2853, Folio 377 and running thence binding on part
of the second line of the parcel of land described in said
deed, to the end thereof, Southerly 38 feet, more or less,
to intersect the tenth line of the first parcel of land con-
veyed by Schreiber Bros., Incorporated to Morris Shub and
Wife by deed dated May 7, 1963 and recorded among said
Land Records in Liber J.F.C. No. 1484, Folio 254 ; thence
binding reversely on part of the tenth line of the first
parcel of land described in last said deed, to the beginning
thereof, Westerly 438 feet, more or less; thence binding
reversely on part of the ninth line of the first parcel of
land described in last said deed, Northerly 64 feet, more
or less, to intersect the south side of said Northern Park-
way and thence binding on the south side of said Northern
Parkway, Easterly by a line curving to the right with a
radius of 3764.72 feet the distance of 436 feet, more or
252 ORDINANCES Ord. No. 701
less, to the place of beginning. Containing 23,953 square
feet, more or less, or 0.55 acre of land, more or less.
Said property being no longer needed for public use.
Sec. 2. And be it further ordained, That no deed or deeds
shall pass in accordance herewith until the same shall have
been first approved by the City Solicitor.
Sec. 3. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved April 17, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 701
(Council No. 1437)
An Ordinance approving an Urban Renewal Plan for Sand-
town-Winchester, bounded generally by Lafayette Ave-
nue on the south, Monroe Street on the west, North
Avenue on the north, and Pennsylvania and Fremont
Avenues on the east, excluding a portion of the North
Avenue Transit Station Urban Renewal Area and the
Lafayette Square Community Center Urban Renewal
Project which lie within these general boundaries; au-
thorizing the acquisition by purchase or by condemnation
by the Mayor and City Council of Baltimore, for urban
renewal purposes, of the fee simple interest or any lesser
interest in and to certain properties within Sandtown-
Winchester; providing for review by the Department of
Housing and Community Development of all plans for
new construction, exterior rehabilitation, or change in
use within Sandtown-Winchester ; establishing procedures
for the issuance and denial of demolition permits; pro-
viding that in selling land in Sandtown-Winchester, the
Department of Housing and Community Development
shall require that developers agree in writing not to dis-
criminate in the sale, lease, use or occupancy of the
ORDINANCES 253
property developed by them against any person because of
race, CREED, color, sex, or national origin; waiving such
requirements, if any, as to content or procedure for the
preparation, adoption and approval of Renewal Plans as
set forth in Ordinance No. 152, approved June 28, 1968,
as amended to date, which the Renewal Plan for Sand-
town-Winchester may not meet; providing for the sep-
arability of the various parts and applications of this
ordinance; providing that where the provisions of this
ordinance shall conflict with any other ordinance, code
or regulation, the provision which establishes the higher
standard shall prevail; and providing for the effective
date hereof.
Whereas, the area known as "Sandtown-Winchester,"
bounded generally by Lafayette Avenue on the south, Mon-
roe Street on the west, North Avenue on the north, and
Pennsylvania and Fremont Avenues on the east, excluding
a portion of the "North Avenue Transit Station Urban
Renewal Area", as designated by Ordinance No. 383, ap-
proved June 28, 1977, and the "Lafayette Square Commun-
ity Center Urban Renewal Project", as described in Ordi-
nance No. 777, approved May 4, 1970, lies within a portion
of the "Fremont-Monroe Urban Renewal Area", as desig-
nated by Ordinance No. 514, approved June 27, 1969, and
within a portion of the "Mount Royal-Fremont Urban
Renewal Area", as designated by Ordinance No. 875, ap-
proved May 22, 1957, and last amended by Ordinance No.
578, approved August 21, 1969; and
Whereas, under Ordinance No. 152, approved June 28,
1968, as amended by Ordinance No. 325, approved May
31, 1977, the Department of Housing and Community De-
velopment is authorized to prepare and administer renewal
plans in renewal areas; and
Whereas, the Department of Housing and Community
Development has prepared a Renewal Plan for Sandtown-
Winchester, consisting of a cover page, a table of contents,
thirteen (13) pages of text, and four (4) exhibits; and
Whereas, the Renewal Plan for Sandtown-Winchester
was approved by the Director of the Department of Plan-
ning on January 25, 1978, with respect to its conformity
254 ORDINANCES Ord. No. 701
as to the Master Plan; the detailed location of any public
improvements proposed in the Renewal Plan; its conform-
ity to the rules and regulations for subdivisions; and its
conformity to existing zoning classifications, and the Re-
newal Plan was approved and recommended to the Mayor
and City Council of Baltimore by the Commissioner of
the Department of Housing and Community Development
on January 25, 1978; now, therefore,
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the Urban Renewal Plan for the area
known as Sandtown-Winchester, as hereinbelow more par-
ticularly described, is hereby approved, and the Clerk of the
City Council is hereby directed to file a copy of said Re-
newal Plan with the Department of Legislative Reference
as a permanent record and to make the same available for
public inspection and information.
Beginning for the same at the intersection formed by
the southwest side of Fremont Avenue and the north side
of Lafayette Avenue; thence binding on the north side
of Lafayette Avenue westerly to intersect the west side
of Parrish Street ; thence binding on the west side of Par-
rish Street northerly to intersect the northern boundary
line of Lot 47/51, Block 75, Section 11, Ward 16; thence
binding on the northern boundary line of said Lot 47/51
westerly to intersect the east side of Gilmor Street ;
thence binding on the east side of Gilmor Street southerly
to intersect the north side of Lafayette Avenue; thence
binding on the north side of Lafayette Avenue westerly
to intersect the west side of Monroe Street ; thence binding
on the west side of Monroe Street northerly to intersect the
center line of North Avenue; thence binding on the center
line of North Avenue easterly to intersect a line extended
northwesterly from the east side of Woodyear Street;
thence binding on said line and the east side of Woodyear
Street southerly and southeasterly to intersect the north-
west side of Westwood Avenue; thence binding on the
northwest side of Westwood Avenue northeasterly to in-
tersect a line extended northwesterly from the northeast
side of the first ten foot alley;
thence binding on said line and the northeast side of said
ORDINANCES 255
alley southeasterly, CROSSING ALLEGHANY PLACE,
AND BINDING ON THE NORTHEAST SIDE OF A
3'9" ALLEY to intersect the northwest boundary of Lots
54 and 55, Block 202 293, Section 13, Ward 15; thence
binding on the northwest boundary of said Lots 54 and
55 southwesterly to intersect the southwest boundary of
said Lot 55; thence binding on the southwest boundary
of said Lot 55 southeasterly to intersect the northwest
side of Cumberland Street; THENCE BINDING ON THE
NORTHWEST SIDE OF CUMBERLAND STREET north-
easterly to intersect a line extended northerly from the
northeast side of Stockton Street; thence binding on said
line and the northeast side of Stockton Street southeasterly
to intersect the southeast boundary of Lets 22 through LOT
28, Block 297, Section 13, Ward 15;
thence binding on the southeast boundary el sa44 trets 22
through 28 SAID LINE AND THE SOUTHEAST
BOUNDARY OF LOTS 28 THROUGH 22/24, BLOCK 297,
northeasterly to intersect the southwest side of Penn-
sylvania Avenue; thence binding on the southwest side
of Pennsylvania Avenue southeasterly to intersect the
southwest side of Fremont Avenue; thence binding on the
southwest side of Fremont Avenue southeasterly to the
point of beginning.
Sec. 2. And be it further ordained, That it is necessary to
acquire, by purchase e£ OR by condemnation, for urban re-
newal purposes, the fee simple interest or any lesser interest
in and to certain properties or portions thereof, together
with all right, title, interest, and estate that the owner or
owners of said property interest may have in all streets,
alleys, ways or lanes, public or private, both abutting the
whole area described and/or contained within the perimeter
of said area, situate in Baltimore City, Maryland, and de-
scribed as follows:
1010 N. Calhoun Street
901 N. Fulton Avenue
903 N. Fulton Avenue
905 N. Fulton Avenue
907 N. Fulton Avenue
909 N. Fulton Avenue
256 ORDINANCES Ord. No. 701
911 N. Fulton Avenue
913 N. Fulton Avenue
915 N. Fulton Avenue
917 N. Fulton Avenue
919 N. Fulton Avenue
921 N. Fulton Avenue
923 N. Fulton Avenue
925 N. Fulton Avenue
927 N. Fulton Avenue
929 N. Fulton Avenue
1125 N. Gilmor Street
1127 N. Gilmor Street
1131 N. Gilmor Street
1137 N. Gilmor Street
1704 McKean Avenue
1101 N. Monroe Street
1013 N. Mount Street
1015 N. Mount Street
1023 N. Mount Street
1103 N. Mount Street
1107 N. Mount Street
1109 N. Mount Street
1111 N. Mount Street
1113 N. Mount Street
1301 N. STRICKER STREET
1303 N. STRICKER STREET
1305 N. STRICKER STREET
1307 N. STRICKER STREET
1309 N. STRICKER STREET
1311 N. STRICKER STREET
1313 N. STRICKER STREET
LOT 86, BLOCK 35, SECTION 10, WARD 15
LOT 87, BLOCK 35, SECTION 10, WARD 15
Sec. 3. And be it further ordained, That it may be neces-
sary to acquire, by purchase or by condemnation, for urban
renewal purposes, the fee simple interest e£ OR any lesser
interest in and to such of the remaining properties or
portions thereof, together with all right, title, interest,
ORDINANCES 257
and estate that the owner or owners of said property in-
terests may have in all streets, alleys, ways or lanes, public
or private, both abutting the whole area described and/or
contained within the perimeter of said area in Sandtown-
Winchester not specifically designated for acquisition in
Section 2 of this ordinance, as may be deemed necessary
and proper by the Commissioner of the Department of
Housing and Community Development to effect the proper
implementation of the project. These properties may in-
clude:
(a) any property in the project area containing a non-
salvable structure, i.e., a structure which in the opinion
of the Commissioner of the Department of Housing and
Community Development cannot be economically rehabili-
tated.
(b) any property the owner of which is unable or un-
willing to comply or conform to the codes and ordinances
of Baltimore City within 12 months from the date of writ-
ten notice of the required improvements, the Department
of Housing and Community Development, after due con-
sideration that the property owner has failed to achieve
substantial conformity with the codes and ordinances of
Baltimore City, may acquire such property pursuant to
the Eminent Domain Law of this State as if the property
had originally been planned for acquisition after 90 days
written notice to the owner. The Department of Housing
and Community DEVELOPMENT reserves the right to
acquire any such non-complying property for a period of
two (2) years from the date of said written 90 days notice
by the Department of Housing and Community Develop-
ment.
Sec. 4. And be it further ordained, That it may be neces-
sary to acquire by purchase or by condemnation for urban
renewal purposes the fee simple interest, or any lesser in-
terest, in and to such of the remaining properties or
portions thereof, together with all right, title, interest, and
estate that the owner or owners of said property interests
may have in all streets, alleys, ways or lanes, public or
private, abutting said properties in Sandtown-Winchester
not designated for acquisition in addition to those proper-
258 ORDINANCES Ord. No. 701
ties enumerated in Sections 2 and 3 of this ordinance, in
order to carry out rehabilitation by the Department of
Housing and Community Development because:
(a) it is necessary to make residential structures avail-
able for use for low- and moderate-income families; or
(b) rehabilitation on a structure-by-structure basis is
infeasible and assemblage of a group of properties is re-
quired to carry out the objectives set forth in the Plan; or
(c) rehabilitation of individual, scattered properties
is necessary in order to remove blighting influences from
otherwise sound residential blocks.
i .
Sec. 5. And be it further ordained, That upon acquisi-
tion of the properties mentioned in Sections 3 and 4 of this
ordinance, the Department of Housing and Community
Development will either:
(a) demolish the structure or structures thereon and
dispose of the land for redevelopment for uses in accord-
ance with the Plan ; or
(b) sell or lease the property subject to rehabilitation
in conformance with the codes and ordinances of Baltimore
City; or
(c) rehabilitate the property in conformance with the
codes and ordinances of Baltimore City and dispose of the
property in accordance with the applicable regulations. If
sale cannot be consummated by the time rehabilitation is
accomplished, the property may be rented pending con-
tinuing sale efforts.
Sec. 6. And be it further ordained, That the Real Estate
Acquisition Division of the Department of the Comptroller,
or such persons and in such manner as the Board of Esti-
mates, in the exercise of the power vested in it by Article
V, Section 5, of the Baltimore City Charter, may hereafter
from time to time designate, is or are authorized to acquire
on behalf of the Mayor and City Council of Baltimore and
for the purposes described in this ordinance, the fee simple
interest or any lesser interest in and to the properties or
portions thereof hereinabove mentioned. If the Real Estate
Acquisition Division of the Department of the Comptroller,
ORDINANCES 259
or such person or persons and in such manner as the
Board of Estimates, in the exercise of the power vested in
it by Article V, Section 5, of the Baltimore City Charter,
may hereafter from time to time designate, is or are un-
able to agree with the owner or owners on the purchase
price for said properties or portions thereof, it or they
shall forthwith notify the City Solicitor of Baltimore City,
who shall thereupon institute in the name of the Mayor
and City Council of Baltimore the necessary legal pro-
ceedings to acquire by condemnation the fee simple interest
or any lesser interest in and to said properties or portions
thereof.
Sec. 7. And be it further ordained, That all plans for
new construction (including parking lots), exterior reha-
bilitation, or change in use on any property not to be
acquired under the provisions of the Plan shall be sub-
mitted to the Department of Housing and Community
Development for review. Only upon finding that the pro-
posed plans are consistent with the objectives of the Urban
Renewal Plan shall the Commissioner of the Department
of Housing and Community Development authorize the
processing of the plans for issuance of a building permit.
The provisions of this section are in addition to and not in
lieu of all other applicable laws and ordinances relating to
new construction.
Sec. 8. And be it further ordained, That all applications
for demolition permits shall be submitted to the Depart-
ment of Housing and Community Development for review
and approval. Upon finding that the proposed demolition
is consistent with the objectives of the urban renewal plan,
the Commissioner of the Department of Housing and Com-
munity Development shall authorize the issuance of the
necessary permit. If the Commissioner finds that the pro-
posal is inconsistent with the objectives of the urban re-
newal plan and therefore denies the issuance of the permit,
within 90 days of such denial, he shall seek approval of the
Board of Estimates to acquire for and on behalf of the
Mayor and City Council of Baltimore the property, in whole
or in part, on which said demolition was to have occurred
by purchase, lease, condemnation, gift, or other legal means
for the renovation, rehabilitation and disposition thereof.
260 ORDINANCES Ord. No. 701
In the event that the Board of Estimates does not authorize
the acquisition, the Commissioner shall, without delay, issue
the demolition permit.
Sec. 9. And be it further ordained, That in selling or
otherwise disposing of property in the Sandtown-Win-
chester area, the Department of Housing and Community
Development shall require that the developers agree in
writing not to discriminate in the sale, lease, use or occu-
pancy of the property developed by them against any
person because of race, creed, color, sex, or national origin.
Sec. 10. And be it further ordained, That in whatever
respect, if any, the Renewal Plan approved hereby for the
Sandtown-Winchester area may not meet the requirements
as to the content of a Renewal Plan or the procedure for
the preparation, adoption, and approval of Renewal Plans
as provided in ORDINANCE NO. 152, APPROVED JUNE
28, 1968, AS AMENDED BY Ordinance No. 325, approved
May 31, 1977, the said requirements are hereby waived
and the Renewal Plan approved hereby is exempted there-
from.
Sec. 11. And be it further ordained, That in the event
it be judicially determined that any word, phrase, clause,
sentence, paragraph, section or part in or of this ordinance,
or the application thereof to any person or circumstances
is invalid, the remaining provisions and the application of
such provisions to other persons or circumstances shall
not be affected thereby, the Mayor and City Council hereby
declaring that they would have ordained the remaining
provisions of this ordinance without the word, phrase,
clause, sentence, paragraph, section or part or the appli-
cation thereof so held invalid.
Sec. 12. And be it further ordained, That in any case
where a provision of this ordinance concerns the same
subject matter as an existing provision of any zoning,
building, electrical, plumbing, health, fire or safety ordi-
nance or code or regulation, the applicable provisions con-
cerned shall be construed so as to give effect to each; pro-
viding, however, that if such provisions are found to be
in irreconcilable conflict, the provision which establishes
ORDINANCES 261
the higher standard for the promotion and protection of
the public health and safety shall prevail. In any case where
a provision of this ordinance is found to be in conflict
with an existing provision of any other ordinance or code
or regulation in force in the City of Baltimore which estab-
lishes a lower standard for the promotion and protection
of the public health and safety, the provision of this ordi-
nance shall prevail, and the other existing provision of such
other ordinance or code or regulation is hereby repealed to
the extent that it may be found in conflict with this
ordinance.
SBC. 13. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved April 17, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 702
(Council No. 1452)
An Ordinance authorizing the Mayor and City Council of
Baltimore to sell at either public or private sale in ac-
cordance with Article V, Section 5(b) of the City
Charter, all of the interest of the Mayor and City
Council of Baltimore in and to those parcels of land
known as a portion of a 10 foot alley laid out 100 feet
northwest of Langley Street and contiguous to the south-
east side thereof and extending from a 10 foot alley laid
out 100 feet east of Maisel Street, northeasterly 2 feet,
more or less, and a portion of a 10 foot alley laid out 100
feet northwest of Langley Street and contiguous to the
northwest side thereof and extending from the south-
west outline of the Western Maryland Railroad Right of
Way, southwesterly 68 feet, Baltimore, Maryland, said
property being no longer needed for public use.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the Comptroller of Baltimore City be
262 ORDINANCES Ord. No. 702
and he is hereby authorized to sell at either public or pri-
vate sale in accordance with Article V, Section 5(b) of the
City Charter, all of the interest of the Mayor and City
Council of Baltimore in and to those parcels of land situate
in Baltimore, Maryland, and described as follows :
BEGINNING for the first at the point formed by the
intersection of the southeast side of a 10 foot alley laid out
100 feet northwest of Langley Street, as now laid out 50
feet wide, and the east side of a 10 foot alley laid out 100
feet east of Maisel Street, as now laid out 50 feet wide and
running thence binding on the east side of last said 10 foot
alley, Northerly 3 feet to intersect the line of the southwest
outline of the property known as 2220 Langley Street, if
projected northwesterly; thence binding reversely on said
line so projected, Southeasterly 2 feet, more or less, to in-
tersect the southeast side of the 10 foot alley mentioned
firstly herein, and thence binding on the southeast side of
the 10 foot alley mentioned firstly herein, Southwesterly 2
feet, more or less, to the place of beginning.
BEGINNING for the second at the point formed by the
intersection of the northwest side of a 10 foot alley laid out
100 feet northwest of Langley Street and the southwest
outline of the Western Maryland Railroad Right of Way;
thence binding on the southwest outline of said Western
Maryland Railroad Right of Way, Southeasterly 4 feet to
intersect a line drawn parallel with and distant 4.00 feet
southeasterly, measured at right angles from the northwest
side of said 10 foot alley; thence binding on said line so
drawn, Southwesterly 23 feet; thence binding on a line
drawn at a right angle to said line so drawn, Southeasterly
1 foot to intersect a line drawn parallel with and distant
5.00 feet southeasterly, measured at right angles from the
northwest side of said 10 foot alley ; thence binding on last
said line so drawn, Southwesterly 45 feet; thence binding
on a line drawn at a right angle to last said line so drawn,
Northwesterly 5 feet to intersect the northwest side of said
10 foot alley and thence binding on the northwest side of
said 10 foot alley, Northeasterly 68 feet to the place of
beginning.
Said property being no longer needed for public use.
ORDINANCES 263
SEC. 2. Be it further ordained, That no deed or deeds shall
pass in accordance herewith until the same shall have been
first approved by the City Solicitor.
Sec. 3. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved April 17, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 703
(Council No. 1456)
An Ordinance to amend the Renewal Plan for the Johnson
Square Urban Renewal Project, which Plan was approved
by Ordinance No. 357, dated June 27, 1977 to, among
other things, (1) change the name of the Urban Renewal
Area from "JOHNSON" Square to "JOHNSTON"
Square; (2) authorize the acquisition by purchase or by
condemnation by the Mayor and City Council of Balti-
more, for urban renewal purposes, of certain properties ;
(3) create certain new disposition parcels and corre-
sponding standards and controls; (4) change the land
use of certain properties from Residential to Community
Commercial; AND OF 501 E. PRESTON STREET
FROM INDUSTRIAL TO RESIDENTIAL; (5) pro-
vide that the approval of said Renewal Plan is not an
enactment of any of the amendments to the Zoning Ordi-
nance proposed therein; (6) revise certain exhibits at-
tached to said Plan to indicate the changes provided
herein; and (7) provide for the effective date hereof.
Whereas, a Renewal Plan for the Johnson Square proj-
ect was approved by the Mayor and City Council of Balti-
more by Ordinance No. 357, dated June 27, 1977 ; and
Whereas, pursuant to Section 26, Article 13, of the
Baltimore City Code (1966 Edition), as amended by Ordi-
nance No. 152 approved June 28, 1968 and Ordinance No.
325 approved May 31, 1977, no substantial change or
264 ORDINANCES Ord. No. 703
changes shall be made in any renewal plan, after approval
by ordinance, without such change or changes first being
adopted and approved in the same manner as set forth in
said Section 26 for the approval of a renewal plan, namely
the preparation of such change or changes by the Depart-
ment of Housing and Community Development, the ap-
proval of such change or changes by the Director of the
Department of Planning, and approval and adoption by an
ordinance of the Mayor and City Council of Baltimore after
a public hearing in relation thereto, all in the manner
set forth in said Section 26; and
Whereas, said Amendment No. 1 to the Renewal Plan for
Johnson Square has been approved by the Director of the
Department of Planning on February 8, 1978 with respect
to its conformity as to the Master Plan ; the detailed location
of any public improvements proposed in the amended Re-
newal Plan ; its conformity to the rules and regulations for
subdivisions; and all zoning changes proposed in the
amended Renewal Plan ; and said Amendment No. 1 to the
Renewal Plan has been approved and recommended to the
Mayor and City Council of Baltimore by the Commissioner
of the Department of Housing and Community Develop-
ment on February 9, 1978 ; now, therefore,
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the following amendments and changes
to the Renewal Plan for the Johnson Square Urban Re-
newal Project, having been duly reviewed and considered,
are hereby approved and the Clerk of the City Council is
hereby directed to file a copy of said Renewal Plan revised
to include Amendment No. 1, dated January 25, 1978, with
the Department of Legislative Reference as a permanent
public record and make the same available for public in-
spection and information.
1. Change the spelling from "JOHNSON" Square to
"JOHNSTON" Square as it appears throughout the Urban
Renewal Plan text and exhibits.
2. In the Table of Contents, page i, change the title of
paragraph reference B.l.c. from "Wholesale/ Service Com-
mercial" to "Commercial" ; on page ii of the Table of Con-
tents, add "APPENDIX B: PROPERTIES FOR ACQUI-
ORDINANCES 265
SIT I ON AND DISPOSITION FOR REHABILITATION",
and under the section entitled "EXHIBITS", add ", dated
2/16/77 as revised 1/25/78" beside each of the four
exhibits.
3. In Section B.I., entitled "Permitted Land Use", page
3, line 14, and Section B.l.c, page 4, lines 7 and 8, change
"Wholesale/Service Commercial" to "Commercial".
4. In Section B.l.e., entitled "Non-Conforming Uses",
page 4, line 27, add the following after the word "estab-
lished" :
"between the date of the survey on which Appendix A
is based and the approval of this Plan AS IT MAY BE
SUBSEQUENTLY AMENDED by the Mayor and City
Council of Baltimore".
5. In Section B.2.a.(4), entitled "Provisions Applicable
to Land and Property to be Acquired for Clearance and Re-
development", page 6, add paragraphs "(c)" and "(d)", as
follows :
"(c) Disposition Lot 2 — Commercial
The use of Disposition Lot 2 shall be limited to a paved
service area for the storage of transfer trucks and acces-
sory equipment.
(d) Disposition Lot 2 A — Commercial
The use of Disposition Lot 2A shall be limited to a side
yard for adjacent property."
6. In Section C.l.a.M2), entitled "Rehabilitation by
the Department of Housing and Community Development
or others", subparagraph "(a)", line 19 on page 8, change
the word "and" to "or".
7. In Section C.4.a.(2), entitled "Land not to be Ac-
quired", on page 9, add "and (3)" after "B.2.b.(2)".
8. In Section C.6., entitled "Zoning" page 10, line 25,
delete lines 26 and 27 and add "All appropriate provisions
of the Zoning Ordinance of Baltimore City shall apply to
properties in Johnston Square. In order to implement the
Urban Renewal Plan, zoning district changes as designated
on Exhibit 4, Zoning Districts Map, will be required. These
changes will require an amendment to the Zoning Ordi-
266 ORDINANCES Ord. No. 703
nance. Action to this effect will be initiated during the
execution of this Plan."
9. Delete Appendix A, entitled "NON-CONFORMING
USES", pages 12 and 13, and insert in lieu thereof revised
Appendix A.
10. Add Appendix B, entitled "PROPERTIES FOR
ACQUISITION AND DISPOSITION FOR REHABILI-
TATION", pages 14 and 15.
11. Delete Exhibits 1 through 4, dated "2/16/77" from
the Plan and insert in lieu thereof revised Exhibits 1
through 4, dated "1/25/78".
Sec. 2. And be it further ordained, That it is necessary
to acquire, by purchase or by condemnation, for urban
renewal purposes, the fee simple interest or any lesser in-
terest in and to certain properties or portions thereof,
together with all right, title, interest, and estate that the
owner or owners of said property interests may have in all
streets, alleys, ways or lanes, public or private, both abut-
ting the whole area described and/or contained within the
perimeter of said area, situate in Baltimore City, Mary-
land, and described as follows :
703
E. Biddle Street
706
E. Biddle Street
708
E. Biddle Street
709
E. Biddle Street
719
E. Biddle Street
724
E. Biddle Street
732
E. Biddle Street
1003
N. Central Avenue
1004-06 N. Central Avenue
1005
N. Central Avenue
1007
N. Central Avenue
1009
N. Central Avenue
1011
N. Central Avenue
1013
N. Central Avenue
1015
N. Central Avenue
1017
N. Central Avenue
1019
N. Central Avenue
1021
N. Central Avenue
ORDINANCES 267
1022
N. Central Avenue
1023
N. Central Avenue
1024
N. Central Avenue
1025
N. Central Avenue
1026
N. Central Avenue
1029
N. Central Avenue
1030
N. Central Avenue
1031
N. Central Avenue
1033
N. Central Avenue
1035
N. Central Avenue
1036
N. Central Avenue
1037
N. Central Avenue
1039
N. Central Avenue
1041
N. Central Avenue
1043
N. Central Avenue
1045
N. Central Avenue
1046
N. Central Avenue
1049
N. Central Avenue
1051
N. Central Avenue
1053
N. Central Avenue
1209
Greenmount Avenue
1211
Greenmount Avenue
1225
Greenmount Avenue
1227
Greenmount Avenue
1229
Greenmount Avenue
1231
Greenmount Avenue
1233
Greenmount Avenue
1022
Homewood Avenue
1024
Homewood Avenue
1026
Homewood Avenue
1028
Homewood Avenue
1202
Homewood Avenue
707
Mura Street
711
Mura Street
715
Mura Street
721
Mura Street
727
Mura Street
714
E. Preston Street
716
E. Preston Street
721
E. Preston Street
268 ORDINANCES Ord. No. 703
1300 Wirton Street
1302 Wirton Street
1304 Wirton Street
Sec. 3. And be it further ordained, That the Real Estate
Acquisition Division of the Department of the Comptroller,
or such person or persons and in such manner as the Board
of Estimates, in the exercise of the power vested in it by
Article V, Section 5, of the Baltimore City Charter, may
hereafter from time to time designate, is or are authorized
to acquire on behalf of the Mayor and City Council of
Baltimore and for the purposes described in this ordinance,
the fee simple interest or any lesser interest in and to the
properties or portions thereof hereinabove mentioned. If
the said Real Estate Acquisition Division of the Depart-
ment of the Comptroller, or such person or persons, and in
such manner as the Board of Estimates in the exercise of
the power vested in it by Article V, Section 5, of the Balti-
more City Charter, may hereafter from time to time desig-
nate, is or are unable to agree with the owner or owners
on the purchase price for said properties or portions
thereof, it or they shall forthwith notify the City Solicitor
of Baltimore City, who shall thereupon institute in the
name of the Mayor and City Council of Baltimore, the nec-
essary legal proceedings to acquire by condemnation the
fee simple interest or any lesser interest in and to said
properties or portions thereof.
Sec. 4. And be it further ordained, That the approval of
Amendment No. 1 to the Urban Renewal Plan for Johnson
Square shall not be construed as an enactment of such
amendments to the Zoning Ordinance as are proposed in
said Urban Renewal Plan.
Sec. 5. And be it further ordained, That in whatever
respect, if any, the amended Renewal Plan approved hereby
for the Johnson Square Urban Renewal project may not
meet the requirements as to the content of a renewal plan
or the procedures for the preparation, adoption, and ap-
proval of renewal plans, as provided in Ordinance No. 152
approved June 28, 1968, and Ordinance No. 325 approved
May 31, 1977, the said requirements are hereby waived and
ORDINANCES 26?
the amended Renewal Plan approved hereby is exempted
therefrom.
Sec. 6. And be it further ordained, That in the event it
be judicially determined that any word, phrase, clause,
sentence, paragraph, section or part in or of this ordinance
or the application thereof to any person or circumstances
is invalid, the remaining provisions and the application of
such provisions to other persons or circumstances shall not
be affected thereby, the Mayor and City Council hereby
declaring that they would have ordained the remaining
provisions of this ordinance without the word, phrase,
clause, sentence, paragraph, section or part or the applica-
tion thereof so held invalid.
SEC. 7. And be it further ordained, That in any case
where a provision of this ordinance concerns the same sub-
ject matter as an existing provision of any zoning, building,
electrical, plumbing, health, fire or safety ordinance or code
or regulation, the applicable provisions concerned shall be
construed so as to give effect to each; provided, however,
that if such provisions are found to be in irreconcilable
conflict, the provision which establishes the higher stand-
ard for the promotion of the public health and safety shall
prevail. In any case where a provision of this ordinance is
found to be in conflict with an existing provision of any
other ordinance or code or regulation in force in the City of
Baltimore which establishes a lower standard for the pro-
motion and protection of the public health and safety, the
provision of- this ordinance shall prevail, and the other
existing provision of such other ordinance or code or regu-
lation is hereby repealed to the extent that it may be found
in conflict with this ordinance.
Sec. 8. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved April 25, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
270 ORDINANCES Ord. No. 704
No. 704
(Council No. 1473)
An Ordinance authorizing and providing for the issuance
and sale by Mayor and City Council of Baltimore of its
industrial development revenue bond, to be designated
"City of Baltimore, Maryland Industrial Development
Revenue Bond (Ansam Metals Corporation Project)", in
the principal amount of $750,000, pursuant to the provi-
sions of Sections 266A to 266-1, inclusive, of Article 41
of the Annotated Code of Maryland (1971 Rep. Vol., 1977
Cum. Supp.), as amended, in order to loan the proceeds
thereof to Ansam Metals Corporation, a Maryland cor-
poration, for the sole and exclusive purpose of financing
the acquisition by Ansam Metals Corporation of certain
industrial buildings in the City of Baltimore, as provided
in this Ordinance; making certain legislative findings,
among others, concerning the public benefit and purpose
of such industrial development revenue bond; providing
that such industrial development revenue bond (a) shall
be payable solely and only from (i) revenue derived from
payments by Ansam Metals Corporation to Mayor and
City Council of Baltimore on account of such loan, (ii)
any and all moneys realized from the sale of collateral
(including such industrial buildings) for such loan, and
(iii) any and all moneys received under the guaranty
agreement hereinafter mentioned, and (b) shall not ever
constitute, within the meaning of any constitutional or
charter provision or otherwise, (i) an indebtedness of
Mayor and City Council of Baltimore or of any other polit-
ical subdivision, or (ii) a charge against the general credit
or taxing powers of Mayor and City Council of Baltimore ;
authorizing the private (negotiated) sale of such in-
dustrial development revenue bond; prescribing certain
details pertaining to such industrial development revenue
bond, including (without limitation) (a) the amount, date
and maturity thereof, (b) the interest rate to be paid
thereon, (c) the prepayment provisions relating thereto,
(d) the form and tenor thereof, and (e) the terms and
conditions thereof and security therefor; approving the
form and contents, and authorizing the execution and
delivery, of various documents necessary to effectuate
ORDINANCES 271
the aforementioned borrowing and lending, including (a)
such industrial development revenue bond, (b) the loan
agreement between Mayor and City Council of Baltimore
and Ansam Metals Corporation evidencing the aforesaid
loan, (c) the assignment by which Mayor and City Coun-
cil of Baltimore assigns its rights in and to the loan
agreement and the deed of trust referred to below as
security for such industrial development revenue bond,
(d) the trust agreement between Ansam Metals Cor-
poration and certain individual trustees designated by the
purchaser of such industrial development revenue bond
pursuant to which the proceeds of such loan are to be
deposited in trust and held, invested and disbursed by
such individual trustees as therein provided; describing
and authorizing approval of various other documents
necessary to secure and guarantee the aforementioned
borrowing, including (a) the deed of trust between Ansam
Metals Corporation and certain individual trustees desig-
nated by the purchaser of such industrial development
revenue bond, covering such industrial buildings and the
land appurtenant thereto as security for such loan, and
(b) the guaranty agreement to be executed and delivered
by Ansam Metals Corporation, pursuant to which Ansam
Metals Corporation fully and unconditionally guarantees
the payment of the principal of and interest on such in-
dustrial development revenue bond; and generally pro-
viding for and determining various matters in connection
with the authorization, issuance, security, sale, and pay-
ment of such industrial development revenue bond.
RECITALS
Sections 266A to 266-1, inclusive, of Article 41, of the
Annotated Code of Maryland (1971 Rep. Vol., 1977 Cum.
Supp.), as amended, (the "Act") empowers all counties
and municipalities of the State of Maryland to issue
revenue bonds and to loan the proceeds of the sale of
such revenue bonds to an industrial concern to finance
the acquisition (as defined in the Act) by such industrial
concern of industrial buildings (as defined in the Act).
The Act declares it to be the legislative purpose to re-
lieve conditions of unemployment in the State, to encour-
age the increase of industry and a balanced economy in
272 ORDINANCES Ord. No. 704
the State, to assist in the retention of existing industry
in the State through the control, reduction or abatement
of pollution of the environment (where proceeds of the
bonds are used for that purpose), to promote economic
development, to protect natural resources and in this
manner to promote the health, welfare and safety of the
residents of each of the counties and municipalities of the
State of Maryland.
Mayor and City Council of Baltimore (the "City") has
determined to issue and sell its City of Baltimore, Mary-
land Industrial Development Revenue Bond (Ansam
Metals Corporation Project), in the principal amount of
$750,000 (the "Bond"), and to loan the proceeds of the
Bond to Ansam Metals Corporation, a Maryland corpora-
tion (the "Company"), and an industrial concern as men-
tioned in the Act, on the terms and conditions set forth
in the Loan Agreement to be entered into by and between
the City and the Company (the "Loan Agreement"), as
provided by this Ordinance (such loan being herein re-
ferred to as the "Loan"), in order to finance the acquisi-
tion (within the meaning of the Act) by the Company
of certain industrial buildings (within the meaning of the
Act) in the City of Baltimore (the "Industrial Build-
ings"), in order to relieve conditions of unemployment in
the State of Maryland and in the City of Baltimore, and
thus encourage economic development, and to protect the
health, welfare and safety of the citizens of the State of
Maryland and the City of Baltimore.
The Bond will be sold at private (negotiated) sale to
The Equitable Trust Company, a Maryland banking cor-
poration (the "Bank").
The Company will execute and deliver to the Bank as
agent for the holder of the Bond (hereinafter defined)
(a) a Deed of Trust between the Company and certain
individual trustees designated by the Bank (the "Deed of
Trust"), conveying the Industrial Buildings and the land
appurtenant thereto to such trustees as security for the
Loan; and (b) a Guaranty Agreement pursuant to which
the Company will fully and unconditionally guarantee to
the Bank as agent for the holder of the Bond the payment
of the principal of and interest on the Bond.
ORDINANCES 273
In order to insure that the proceeds of the Bond (and
the Loan) will be used for the purposes set forth in the
Act, the Company will enter into a Trust Agreement with
certain individual trustees designated by the Bank (the
"Trust Agreement"), pursuant to which the proceeds of
the Loan will be deposited with such trustees and held,
invested and disbursed by such trustees as therein
provided.
This Ordinance authorizes and empowers the City to
enter into and consummate a transaction which the Com-
pany proposed to the City in accordance with Section
266B(d) of the Act by a letter of intent dated December
9, 1977, which letter of intent was approved by the
Board of Estimates of the City and accepted by the
Mayor of the City on February 1, 1978, subject to the
passage of this Ordinance.
NOW, THEREFORE, in accordance with the terms and
provisions of the Act and the Charter of Mayor and City
Council of Baltimore:
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That acting pursuant to the Act, it is hereby
found and determined as follows :
(1) The issuance and sale of the Bond by the City pur-
suant to the Act in order to lend the proceeds thereof to
the Company for the sole and exclusive purpose of financing
the acquisition (within the meaning of the Act) of the
Industrial Buildings will facilitate and expedite the acqui-
sition of the Industrial Buildings by the Company;
(2) The acquisition of the Industrial Buildings by the
Company and the financing thereof as provided in this Ordi-
nance will promote the declared legislative purposes of the
Act by (a) sustaining jobs and employment, thus relieving
conditions of unemployment in the State of Maryland and
in the City of Baltimore; (b) encouraging the increase of
industry and a balanced economy in the State of Maryland
and in the City of Baltimore; (c) assisting in the retention
of existing industry in the State of Maryland and in the
City of Baltimore; (d) promoting economic development;
and (e) promoting the health, welfare and safety of the
274 ORDINANCES Ord. No. 704
residents of the City of Baltimore and of the State of
Maryland.
(3) In addition to authorizing the City itself to acquire
the Industrial Buildings and either to lease or to sell the
same to the Company, the Act as an alternative procedure,
also authorizes industrial building financing to be accom-
plished in the form of a loan to the Company. The loan form
of transaction avoids indirect costs and burdens on the City
by not requiring any direct involvement by the City in the
acquisition, ownership or administration of the Industrial
Buildings, while permitting ample controls to be imposed
on the use of the proceeds of the Bond to insure that the
public purposes of the Act and the Bond are fully accom-
plished. It is, therefore, in the best interests of the citizens
of the City, to finance the acquisition of the Industrial
Buildings by a loan to the Company. This Ordinance con-
templates and authorizes a transaction in the form of a loan
of the proceeds of the Bond by the City to the Company,
rather than a transaction in the form of a lease or sale of
the Industrial Buildings. Accordingly, this Ordinance, to-
gether with the Loan Agreement authorized hereby, con-
tains such provisions as the City deems appropriate to effect
the financing of the acquisition by the Company of the
Industrial Buildings by the loan form of transaction.
(4) Neither the Bond, nor the interest thereon, will
constitute (a) a general obligation of the City, or (b) a
charge against, or pledge of the general credit or taxing
powers of the City, or (c) a debt of the City, all within the
meaning of Section 7 of Article XI of the Constitution of
Maryland or any other constitutional, statutory or charter
provision or limitation, and neither shall ever constitute or
give rise to any pecuniary liability on the part of the City.
The principal of and interest on the Bond shall be payable
from, and secured by, (a) an assignment of (i) the revenues
realized, and the collateral pledged, under the Loan Agree-
ment and (ii) the City's right, title and interest in and to,
and remedies under the Deed of Trust. The principal amount
of the Loan and the repayments to be made by the Company
pursuant to the Loan Agreement authorized hereby will be
paid directly to the Bank to be held and disbursed by the
Bank as agent for the holder of the Bond as provided in this
ORDINANCES 275
Ordinance. No such moneys will be commingled with the
City's funds or will be subject to the absolute control of the
City, but only to such limited supervision and checks as are
deemed necessary or desirable by the City to insure that
the proceeds of the Bond are used to accomplish the public
purposes of the Act and this Ordinance. The transactions
authorized hereby do not constitute the acquisition of prop-
erty for public use or the purchase of equipment for public
use. The public purposes expressed in the Act are to be
achieved by facilitating the acquisition of the Industrial
Buildings by the Company.
(5) The City will acquire no interest in the Industrial
Buildings other than the interest granted under the Deed
of Trust and any general interest in the Company's prop-
erty shared by all holders of the Company's obligations
which rank and are secured equally with the Company's
obligation pursuant to the Loan Agreement. The security
for the Bond shall be solely and exclusively (a) the abso-
lute, irrevocable and unconditional obligation of the Com-
pany to make the payments required by the Loan Agreement,
(b) moneys realized from any and all collateral (including
the Industrial Buildings) pledged as security for the Loan,
and (c) the full and unconditional guaranty by the Com-
pany of the payment of the principal of and interest on the
Bond.
(6) None of the receipts and revenues of the City from
the Loan Agreement shall be set aside as a depreciation
account (mentioned in the Act), since neither the City nor
the Bank desire, or are creating, any interest in the Indus-
trial Buildings (other than the interest created under the
Deed of Trust and any interest shared by all holders of the
Company's obligations ranking on a parity with the Com-
pany's obligation pursuant to the Loan Agreement). Such a
depreciation account would (i) be inconsistent with the
transaction authorized hereby, and (ii) place an unreason-
able burden on the Company so as to adversely affect the
feasibility of the transaction and thus frustrate the legis-
lative purposes of the Act.
(7) The best interests of the City will be served by
selling the Bond to the Bank at private (negotiated) sale,
as authorized by the Act, upon terms and conditions ap-
proved by the City as set forth in this Ordinance.
276 ORDINANCES Ord. No. 704
Sec. 2. Be it further ordained, That the following terms
shall have the following meanings for all purposes of this
Ordinance, unless the context clearly otherwise requires:
"Acquisition" or "acquisition" means, when used in re-
gard to the Industrial Buildings, the acquisition of the In-
dustrial Buildings as such meaning is intended in the Act,
and shall include, v/here applicable, and without limitation,
the purchase, construction, rehabilitation, remodeling, ex-
tension, equipping and permanent improvement of the In-
dustrial Buildings.
"Act" means Chapter 352 enacted by the 1972 Session
of the General Assembly of Maryland, as amended, being
Sections 266A to 266-1, inclusive, of Article 41 of the Anno-
tated Code of Maryland (1971 Rep. Vol., 1977 Cum. Supp.),
as amended.
"Assignment" means the Assignment by which the City
assigns to the Bank as agent for the holder of the Bond
all of its right, title and interest in and to, and remedies
under, the Loan Agreement and moneys due and to become
due thereunder, and all collateral pledged thereunder, and
all of its right, title and interest in and to, and remedies
under, the Deed of Trust, all as set forth therein, which
Assignment shall be substantially in the form set forth
in Section 12 of this Ordinance.
"Bank" means The Equitable Trust Company, a Mary-
land banking corporation, its successors and, except for a
subsequent purchaser of the Bond, its assigns.
"Bank as agent for the holder of the Bond" means the
Bank acting in its fiduciary capacity as agent for the holder
of the Bond, performing the functions described in this
Ordinance and in the Assignment.
"Bond" means the City's City of Baltimore, Maryland
Industrial Development Revenue Bond (Ansam Metals Cor-
poration Project) in the principal amount of $750,000 to
be issued and sold pursuant to this Ordinance without pe-
cuniary liability on the part of the City as therein set forth,
which Bond shall be substantially in the form set forth in
Section 3 of this Ordinance. In the event the Bond is at any
time exchanged for serial bonds as set forth in Section 9
ORDINANCES 277
of this Ordinance, then, and in that event, the term "Bond"
shall mean such serial bonds.
"City" means Mayor and City Council of Baltimore, a
body politic and corporate and a political subdivision of the
State of Maryland, its successors and assigns.
"Company" means Ansam Metals Corporation, a Mary-
land corporation, its successors and permitted assigns.
"Deed of Trust" means the first lien Deed of Trust to be
dated as of the date of delivery of the Bond, between the
Company and certain individual trustees designated by the
Bank, covering the Industrial Buildings and the land ap-
purtenant thereto as security for the Loan, which Deed of
Trust shall be in a form and contain such provisions as the
Mayor of the City shall approve, as set forth in Section 14
of this Ordinance.
"Guaranty Agreement" means the Guaranty Agreement to
be dated as of the date of delivery of the Bond, to be exe-
cuted and delivered to the Bank by the Company whereby
the Company fully and unconditionally guarantees to the
Bank as agent for the holder of the Bond the payment of
the principal of and interest on the Bond. The Guaranty
Agreement shall be in such form and contain such provi-
sions as the Mayor of the City shall approve, as set forth
in Section 15 of this Ordinance.
"Holder of the Bond" or "holder of the Bond" means the
registered owner of the Bond, which may be the Bank.
"Industrial Buildings" means the Industrial Buildings,
and is intended to have the meaning ascribed to the term
"industrial buildings" in the Act, which Industrial Build-
ings are more particularly described in Exhibit A attached
to, and made a part of, the Loan Agreement.
"Loan" means the Loan in the principal amount of
$750,000 made by the City to the Company and evidenced
by and described in the Loan Agreement.
"Loan Agreement" means the Loan Agreement to be
dated as of the date of delivery of the Bond, between the
City and the Company evidencing and securing the Loan,
which Loan Agreement shall be substantially in the form
set forth in Section 11 of this Ordinance.
278 ORDINANCES Ord. No. 704
"Ordinance" means this Ordinance.
"Trust Agreement" means the Trust Agreement to be
dated as of the date of delivery of the Bond, between the
Company and certain individual trustees designated by the
Bank, pursuant to which the proceeds of the Loan are to
be deposited in trust with the Trustees (hereinafter de-
fined), and held, invested and disbursed by the trustees as
therein provided, which Trust Agreement shall be sub-
stantially in the form set forth in Section 13 of this
Ordinance.
"Trustees" means the individual trustees designated by
the Bank and acting as Trustees under the Trust Agree-
ment, or their successors in trust who may be acting under
and pursuant to the Trust Agreement from time to time.
Sec. 3. Be it further ordained, That, subject to the pro-
visions of this Ordinance, the City is authorized and em-
powered, pursuant to the Act, to issue and sell its City of
Baltimore, Maryland Industrial Development Revenue Bond
(Ansam Metals Corporation Project) in the principal
amount of $750,000, such Bond to be solely and exclusively
payable from the revenue derived by the City from pay-
ments on the Loan by the Company, and secured by the
Assignment and the Guaranty Agreement, as provided
herein. The Bond shall be designated "City of Baltimore,
Maryland Industrial Development Revenue Bond (Ansam
Metals Corporation Project)", and shall be dated as of
March 1, 1978.
The Bond shall bear interest on the unpaid principal
amount thereof, commencing on the date of its delivery,
at the rate of 7%% per annum (calculated on the basis of
a 360-day year factor applied to actual days elapsed) ; pro-
vided, however, that during any period in which the interest
payable on the Bond is includible in the gross income (as
defined in Section 61 of the Internal Revenue Code of 1954,
as amended) of the holder of the Bond, the rate of interest
payable on the unpaid principal amount of the Bond shall
be the annual rate which is at all times equal to (a) the
commercial prime rate of interest in effect at the Bank from
time to time (floating), plus (b) 2%% per annum (calcu-
ORDINANCES 279
lated on the basis of a 360-day year factor applied to actual
days elapsed).
The principal of and interest on the Bond shall be payable
in lawful money of the United States of America at the
time of payment as follows :
(a) interest on the outstanding principal balance shall
be due and payable semi-annually on the first days of March
and September in each year, commencing on September 1,
1978, continuing to and including March 1, 1999, or until
the principal amount shall have been paid in full ;
(b) commencing on March 1, 1979, continuing to and
including September 1, 1980, $47,000 of the principal amount
shall be paid in 4 equal, consecutive semi-annual install-
ments of $11,750 each, payable on the first days of March
and September in each year ;
(c) then, commencing on March 1, 1981, continuing to
and including March 1, 1999, the remaining principal amount
shall be paid in 37 equal, consecutive semi-annual install-
ments of $19,000 each, payable on the first days of March
and September in each year ;
(d) the Bond will mature, and the entire unpaid bal-
ance of the principal thereof and all accrued and unpaid
interest thereon shall be due and payable on March 1, 1999;
and
(e) all payments received shall be applied first to in-
terest and the balance to principal.
The Bond, which may be printed or typewritten, shall be
substantially in the following form, and the form, with
such changes therein (including the prepayment record to
be attached) as the Mayor of the City shall approve (such
approval to be conclusively evidenced by the execution and
delivery of the Bond by the Mayor of the City), and, all
of the covenants and conditions therein contained, is hereby
adopted by the City as and for the form and tenor of the
obligation to be incurred by it, and such covenants and
conditions, including the promise to pay therein contained,
are hereby made binding upon the City.
280 ORDINANCES Ord. No. 704
FORM OF BOND
$750,000 March 1, 1978
UNITED STATES OF AMERICA
STATE OF MARYLAND
CITY OF BALTIMORE, MARYLAND
INDUSTRIAL DEVELOPMENT REVENUE BOND
(ANSAM METALS CORPORATION PROJECT)
FOR VALUE RECEIVED, Mayor and City Council of
Baltimore, a body politic and corporate and a political sub-
division of the State of Maryland (the "City"), hereby
promises to pay, solely from the special fund provided there-
for as below set forth, to The Equitable Trust Company or
its successor (the "Bank"), or its registered assigns, the
principal sum of SEVEN HUNDRED FIFTY THOUSAND
DOLLARS, with interest on the unpaid principal amount
hereof from _ , 1978, at the rate of 7V2% Per
annum (calculated on the basis of a 360-day year factor
applied to actual days elapsed) ; provided, however, that
during any period in which the interest payable on the
Bond is validly includible in the gross income (as defined
in Section 61 of the Internal Revenue Code of 1954, as
amended) of the holder of the Bond, the rate of interest
payable on the unpaid principal amount hereof shall be the
annual rate which is at all time equal to (a) the commercial
prime rate of interest in effect at the Bank from time to
time (floating), plus (b) 2%% per annum (calculated
on the basis of a 360-day year factor applied to actual days
elapsed).
The principal hereof and interest hereon shall be paid in
lawful money of the United States of America at the time
of payment as follows :
(a) interest on the outstanding principal balance shall
be due and payable semi-annually on the first days of
March and September in each year, commencing on Sep-
tember 1, 1978, continuing to and including March 1, 1999,
or until the principal amount shall have been paid in full ;
(b) commencing on March 1, 1979, continuing to and
including September 1, 1980, $47,000 of the principal amount
shall be paid in 4 equal, consecutive semi-annual install-
ments of $11,750 each, payable on the first days of March
and September in each year ;
ORDINANCES 281
(c) then, commencing on March 1, 1981, continuing to
and including March 1, 1999, the remaining principal amount
shall be paid in 37 equal, consecutive semi-annual install-
ments of $19,000 each, payable on the first days of March
and September in each year ;
(d) this Bond will mature, and the entire unpaid bal-
ance of the principal hereof and all accrued and unpaid in-
terest hereon shall be due and payable on March 1, 1999;
and
(e) all payments received shall be applied first to in-
terest and the balance to principal.
This Bond is issued pursuant to the authority of Sections
266A to 266-1, inclusive, of Article 41 of the Annotated
Code of Maryland (1971 Rep. Vol., 1977 Cum. Supp.), as
amended (the "Act"), and pursuant to and under the au-
thority of an Ordinance of the City, approved by the Mayor
of the City on , 1978 (the "Ordinance") . Refer-
ence is hereby made to the Ordinance for the provisions,
among others, with respect to (a) the nature and extent
of the security for this Bond, (b) the rights, duties and
obligations of the City and the Bank (both in its individual
corporate capacity and as agent for the holder of this
Bond), (c) the terms upon which this Bond is issued and
secured, (d) the modification or amendment of any of the
foregoing or of the Loan Agreement (hereinafter defined),
and (e) the obligation of the holder hereof to indemnify the
Bank under certain circumstances; and, by the acceptance
of this Bond, the holder hereof assents to all of the provi-
sions of the Ordinance and agrees to be bound thereby.
This Bond is issued for the purpose of financing, in whole
or in part, the cost of the acquisition (as defined in the Act)
by Ansam Metals Corporation, a Maryland corporation (the
"Company") of certain industrial buildings (as defined in
the Act) in the City of Baltimore (the "Industrial Build-
ings") and paying expenses incidental thereto so as to help
relieve conditions of unemployment, to encourage the in-
crease of industry, and to help achieve a balanced economy
in the State of Maryland and in the City of Baltimore.
This Bond is a limited obligation of the City, and the
principal hereof and interest hereon are payable solely from
(i) the moneys to be derived by the City under a Loan
282 ORDINANCES Ord. No. 704
Agreement dated _ , 1978, between the City and
the Company (the "Loan Agreement"), and the collateral
pledged thereunder, pursuant to which the proceeds of the
issuance and sale hereof are being loaned by the City to the
Company for the purpose of providing the aforesaid financ-
ing, (ii) any and all moneys realized from the sale of col-
lateral (including the Industrial Buildings) pledged as se-
curity for such loan, (iii) any and all moneys received
under the Guaranty Agreement dated , 1978, be-
tween the Company and the Bank, and (iv) moneys derived
from all other security referred to in the Ordinance. Neither
this Bond nor the interest payable hereon shall ever con-
stitute an indebtedness or a charge against the general
credit or taxing powers of the City within the meaning
of any constitutional provision or statutory or charter limi-
tation, and neither shall ever constitute or give rise to any
pecuniary liability of the City.
Pursuant to the Loan Agreement, payments sufficient for
the prompt payment when due of the principal of and in-
terest on this Bond are to be paid by the Company directly
to the Bank, to be held by the Bank as agent for the holder
of this Bond, in a separate and special fund created by
Section 4 of the Ordinance, to be used by the Bank as agent
for the holder of the Bond, for the payment of the principal
of and interest on this Bond.
The City may under certain circumstances prescribed in
Section 7 of the Ordinance be required to pay (but only out
of amounts made available to the City by the Company or
others for such purposes) all or part of the principal of
this Bond (plus accrued and unpaid interest) before ma-
turity upon the terms provided in Section 7 of the Ordi-
nance. In the event of partial prepayment, the holder hereof
shall surrender this Bond to the Bond Registrar (herein-
after referred to), for notation hereon that this Bond, to
the extent of the amount prepaid, has been partially pre-
paid. In the event of a partial prepayment of this Bond, the
sum applied to the prepayment shall be applied to the pre-
payment of the monthly installments hereof in the inverse
order of their payment dates. Reference is hereby made to
Section 7 of the Ordinance for the provisions relating to the
prepayment of this Bond, and, by the acceptance of this
ORDINANCES 283
Bond, the holder hereof assents to such prepayment provi-
sions and agrees to be bound thereby.
Notice of any such prepayment shall be given at least
two (2) banking days prior to the prepayment date by
mailing and telegraphing to the registered owner of this
Bond a notice fixing such prepayment date, the amount of
principal to be prepaid, the interest to be paid through the
prepayment date and the amount of any premium or addi-
tional interest payable on the prepayment date. The notice
required herein to be given may be waived by the regis-
tered owner of this Bond.
All payments hereunder shall be made in immediately
available funds at the office of The Equitable Trust Com-
pany, Fayette and Calvert Streets, Baltimore, Maryland
21203. If any principal or interest payable hereon falls due
on any day other than a banking day at the Bank, then such
payment date shall be extended to the next succeeding full
banking day.
In the event any installment of principal or payment of
interest, or both, as hereinabove provided is not paid when
due and payable, such installment of principal or payment
of interest, or both, shall bear interest (which shall com-
mence to accrue on the 15th day following the day on
which such installment or payment was due and payable)
at the rate of thirteen per centum (13%) per annum until
paid.
This Bond shall be registered as to both principal and
interest. The Treasurer of the City shall serve as Bond
Registrar, and he shall keep at his principal office, for so
long as this Bond remains outstanding, books for the regis-
tration and transfer hereof. When used herein, the term
"holder of this Bond" shall mean the registered owner from
time to time of this Bond, and the initial holder of this
Bond shall be the Bank.
This Bond shall be transferable only upon the books
maintained by the Bond Registrar by the registered owner
hereof in person or by his attorney duly authorized in writ-
ing, upon surrender hereof together with a written instru-
ment of transfer satisfactory to the Bond Registrar duly ex-
ecuted by the registered owner or his duly authorized attor-
ney. This Bond is a "security" within the meaning of Title
284 ORDINANCES Ord. No. 704
8 of the Maryland Uniform Commercial Code, and notwith-
standing- the provisions herein contained for registration, is
and shall remain, negotiable. The laws of the State of Mary-
land shall govern the construction of this Bond.
The City, the Bank as agent for the holder of the Bond,
and the Bond Registrar may deem and treat the person in
whose name this Bond shall be registered as the absolute
owner hereof, whether this Bond shall be overdue or not,
for the purpose of receiving payment of, or on account of,
the principal of and interest hereon and for all purposes,
and all such payments so made to such registered owner
or upon his order shall be valid and effectual to satisfy and
discharge the liability upon this Bond to the extent of the
sum or sums so paid, and neither the City nor the Bank
nor the Bond Registrar shall be affected by any notice to
the contrary.
Within 60 days after receipt of a written request from
the holder of this Bond (or within such longer period as
may be reasonably required for the authorization, issuance
and preparation of bonds) the City will take action neces-
sary to cause serial bonds to be duly authorized and issued,
to the extent permitted by applicable laws, in order that
this Bond may be exchanged for a series of serial bonds.
Any serial bonds so authorized and issued shall be substan-
tially in the same form as this Bond, with only such changes
in amounts, dates and other details as may be necessary.
All such serial bonds shall (a) bear interest at the same
rate, and (b) be ratably and equally secured by, and en-
titled to the benefits of, the Ordinance and the security for
the repayment of this Bond provided for therein. Any ex-
penses incurred by the City in authorizing and issuing any
such serial bonds shall be paid by the Company.
IT IS HEREBY CERTIFIED, RECITED AND DE-
CLARED that all conditions, acts and things required by
the Constitution and laws of the State of Maryland and the
Charter of Mayor and City Council of Baltimore, to exist,
to have happened and to have been performed precedent
to and in the execution and delivery of this Bond exist,
have happened, and have been performed, and that the is-
suance of this Bond, together with all other obligations of
the City, does not exceed or violate any constitutional or
statutory debt limitations.
ORDINANCES 285
IN WITNESS WHEREOF, MAYOR AND CITY COUN-
CIL OF BALTIMORE, has caused this Bond to be signed
by its Mayor by his manual signature, and has also caused
its corporate seal to be hereunto affixed and attested by the
manual signature of its Deputy Treasurer all as of the 1st
day of March, 1978.
MAYOR AND CITY COUNCIL OF BALTIMORE
By _
Deputy Treasurer Mayor
[CITY SEAL]
[HERE SHALL BE ATTACHED THE
PREPAYMENT RECORD]
Sec. 4. Be it further ordained, That in consideration of
the purchase and acceptance of the Bond by those who shall
hold the same from time to time, (i) this Ordinance shall
be deemed to be and shall constitute a contract between
the City and the holder from time to time of the Bond;
(ii) the pledge made herein and the covenants to be per-
formed by or on behalf of the City shall be for the benefit,
protection and security of the holder of the Bond; (iii) the
City does hereby, and by execution of the Assignment here-
inafter approved, set aside and pledge the income and reve-
nue of the Loan Agreement (other than payments to be
made to the City pursuant to Sections 10.4, 12.2 and 12.9
of the Loan Agreement and the fourth literary paragraph
of Section 5.3 of the Loan Agreement) to the Bank as agent
for the holder of the Bond to be held by the Bank as agent
for the holder of the Bond in a separate and special fund to
be used and applied for the payment of the principal of and
interest on the Bond, and for the performance of any other
obligations of the City under this Ordinance; and (iv) the
pledge herein made is valid and binding from the time when
the Bond is issued, and the lien of such pledge shall be
valid and binding as against all parties having claims of
any kind in tort, contract or otherwise against the City,
irrespective of whether such parties shall have notice
thereof.
Sec. 5. Be it further ordained, That simultaneously with
the issuance and sale of the Bond, the City will, pursuant
286 ORDINANCES Ord. No. 704
to the terms of the Loan Agreement and the Act, lend the
proceeds of the issuance and sale thereof to the Company
to be applied to the acquisition of the Industrial Buildings
in accordance with the provisions of Section 4.3 of the Loan
Agreement.
The proceeds of the Bond shall be advanced to the Com-
pany as provided in the Loan Agreement, and, in order to
insure that such proceeds will be used for the purposes set
forth in the Act, the Company shall deposit such proceeds
with the Trustees under the Trust Agreement, who will
hold, invest and disburse such proceeds as therein and in
Sections 4.3 through 4.6 of the Loan Agreement provided.
Sec. 6. Be it further ordained, That the City covenants
that it will promptly pay the principal of and interest on
the Bond, and premium, if any, at the place, on the dates
and in the manner provided in this Ordinance and in the
Bond according to their true intent and meaning; provided
that the Bond, together with the interest thereon, shall be
the limited obligation of the City payable solely from the
moneys derived from (a) the Loan Agreement and the sale
of any collateral pledged thereunder and under the Deed of
Trust, (b) the Guaranty Agreement and (c) all other se-
curity referred to in this Ordinance, and shall be a valid
claim of the holder thereof only against such moneys, which
moneys shall be used for no other purpose than to pay the
principal of and interest on the Bond (except as may be
otherwise expressly authorized in this Ordinance). Neither
the Bond nor the interest payable thereon shall ever con-
stitute an indebtedness or a charge against the general
credit or taxing powers of the City within the meaning of
any constitutional or charter provision or statutory limita-
tion and neither shall ever constitute or give rise to any
pecuniary liability of the City.
Sec. 7. Be it further ordained, That the Bond shall be
subject to prepayment by the City (but only from moneys
received by it from the Company or others) prior to its ex-
pressed maturity as follows :
(a) The Bond shall be prepaid, on any interest payment
date, either as a whole at any time or in part from time to
time, in multiples of $19,000, upon the exercise by the
ORDINANCES 287
Company of its option to prepay the amounts due under the
Loan Agreement as provided in Section 11.1 of the Loan
Agreement, at a prepayment price of the principal amount
to be prepaid, together with unpaid interest thereon ac-
crued to the date fixed for prepayment, without payment
of premium or penalty unless the Bond shall be prepaid,
either as a whole or in part, on or before March 1, 1979, in
which event a premium in the amount of 3% of the prin-
cipal amount to be prepaid shall be charged in addition to
the prepayment price.
(b) The Bond shall be prepaid, as a whole but not in
part, upon the occurrence of an event which under Section
11.2 of the Loan Agreement obligates the Company to pre-
pay amounts due under the Loan Agreement. Section 11.2
of the Loan Agreement provides that the Company shall be
obligated to prepay amounts due under the Loan Agreement
in the event that (i) as a result of federal, state or local
constitutional, legislative, administrative or judicial action
the Loan Agreement shall have become void, unenforceable
or impossible of performance; or (ii) the Company shall,
for any reason whatsoever, discontinue the use and occu-
pancy of the Industrial Buildings, or any part thereof, for
their intended purposes. If the Bond is prepaid pursuant
to this Section 7(b), the prepayment price shall be equal
to the outstanding principal amount of the Bond together
with unpaid interest on the Bond accrued to the date fixed
for prepayment.
(c) The Bond shall be prepaid in part in the event that
any of the proceeds of the Loan remains on deposit with
the Trustees after completion of the acquisition of the In-
dustrial Buildings as set forth in Section 4.3 of the Loan
Agreement and Section 5.3 of the Trust Agreement, and
any such prepayment may be made at any time and in any
amount, without premium or penalty and shall be applied
to the prepayment of the installments of principal of the
Bond in the inverse order of their payment dates.
(d) The Bond shall be prepaid, as a whole but not in
part, upon any occurrence under the Loan Agreement, which
gives the City, the Bank as agent for the holder of the
Bond or the holder of the Bond the option to accelerate the
maturity of the amounts payable under the Loan Agree-
288 ORDINANCES Ord. No. 704
ment, at a prepayment price equal to the outstanding prin-
cipal amount thereof together with unpaid interest accrued
to the date of prepayment.
The City shall prepay the outstanding principal amount
of the Bond (or a portion thereof in the event of partial
prepayment), the interest thereon accrued and unpaid to
the prepayment date, and the premium, if any, immediately,
and only, upon receipt by the City of any sums payable by
the Company under the Loan Agreement as a result of the
occurrence of any event set forth in (a), (b), (c) or (d)
above; and the City hereby covenants to apply all sums so
received by it for such purpose to the prepayment of the
Bond. In the event such sums are not sufficient to provide
for the prepayment of the entire outstanding principal
amount of the Bond, such sums shall be applied to the
prepayment of the installments of principal of the Bond
in the inverse order of the monthly installment payment
dates.
In the event of a partial prepayment, the holder of the
Bond shall surrender the Bond to the Bond Registrar (here-
inafter referred to) for notation thereon that the Bond,
to the extent of the amount prepaid, has been partially
prepaid.
Notice of any prepayment shall be given at least two
(2) banking days prior to the prepayment date by mailing
or telegraphing to the registered owner of the Bond a
notice stating the prepayment date, the amount of principal
to be prepaid, the interest to be paid through the prepay-
ment date and the amount of any premium or additional
interest payable on the prepayment date. The notice may
be waived by the registered owner of the Bond.
Sec. 8. Be it further ordained, That payment of the Bond
and the interest thereon shall be made to the registered
owner thereof by the Bank as agent for the holder of the
Bond. All payments of principal, interest and other charges
required by this Ordinance or the Bond shall be made at
the office of the Bank, Calvert and Fayette Streets, Balti-
more, Maryland 21203, in lawful money of the United States
of America, in immediately available funds. Interest on the
Bond shall be calculated on the basis of a 360-day year fac-
ORDINANCES 289
tor to be applied to actual days elapsed. If any principal or
interest payment on the Bond falls due on a Saturday, Sun-
day or public holiday at the place of payment thereof, then
such date shall be extended to the next succeeding full
banking day at such place.
When the principal of and interest on the Bond shall have
been fully paid, the Bond shall forthwith be surrendered
to the Bond Registrar for cancellation.
Sec. 9. Be it further ordained, That the Bond shall be
registered as to both principal and interest. The Treasurer
of the City shall serve as Bond Registrar, and he shall keep
at his principal office, for so long as the Bond remains out-
standing, books for the registration and transfer of the
Bond.
The Bond shall be transferable only upon the books main-
tained by the Bond Registrar by the registered owner
thereof in person or by his attorney duly authorized in
writing, upon surrender thereof together with a written
instrument of transfer satisfactory to the Bond Registrar
duly executed by the registered owner or his duly author-
ized attorney.
The City, the Bank as agent for the holder of the Bond
and the Bond Registrar may deem and treat the person in
whose name the Bond shall be registered as the absolute
owner of the Bond, whether the Bond shall be overdue or
not, for the purpose of receiving payment of, or on account
of, the principal of and interest on the Bond and for all
other purposes, and all such payments so made to such
registered owner or upon his order shall be valid and effec-
tual to satisfy and discharge the liability upon the Bond
to the extent of the sum or sums so paid, and neither the
City nor the Bank nor the Bond Registrar shall be affected
by any notice to the contrary.
Within 60 days after receipt of a written request from
the holder of the Bond (or within such longer period as may
be reasonably required for the authorization, issuance and
preparation of bonds) the City will take action necessary
to cause serial bonds to be duly authorized and issued, to
the extent permitted by applicable laws, in order that the
290 ORDINANCES Ord. No. 704
Bond may be exchanged for a series of serial bonds. Any
serial bonds so authorized and issued shall be substantially
in the same form as the Bond (as set forth in Section 3 of
this Ordinance), with only such changes in amounts, dates
and other details as may be necessary. All such serial bonds
shall (a) bear interest at the same rate, and (b) be ratably
and equally secured by, and entitled to the benefits of, this
Ordinance, and the security for the repayment of the Bond
provided for herein. Any expenses incurred by the City in
authorizing and issuing any such serial bonds shall be paid
by the Company. The term "Bond" as used in this Ordinance
shall be deemed to include any serial bonds so authorized
and issued.
Sec. 10. Be it further ordained, That the payments re-
quired to be made by the Company, as set forth in Section
5.3 of the Loan Agreement (other than payments due to the
City under the fourth literary paragraph of such Section
5.3), shall be paid, as set forth in the Assignment, directly
to the Bank as agent for the holder of the Bond at its
offices at Calvert and Fayette Streets, Baltimore, Maryland
21203, and held by the Bank as agent for the holder of the
Bond in the separate special fund referred to in Section
4(iii) hereof in trust for the holder of the Bond, and such
sums shall be withdrawn and applied to the payment of
the principal of and interest on the Bond as the same be-
come due.
Sec. 11. Be it further ordained, That the Loan Agree-
ment by and between the City and the Company, pursuant
to which the City will lend $750,000 to the Company for
the purpose of financing the acquisition by the Company of
the Industrial Buildings, shall be substantially in the fol-
lowing form, and the form and all of the covenants and
conditions therein contained, with such changes therein as
the Mayor of the City shall approve (such approval to be
conclusively evidenced by the execution and delivery of the
Loan Agreement by the Mayor of the City), is hereby
adopted by the City as and for the form and tenor of the
obligation to be incurred, and such covenants and conditions
are hereby made binding upon the City.
ORDINANCES 291
FORM OF LOAN AGREEMENT
LOAN AGREEMENT
THIS LOAN AGREEMENT, made as of the day of
, 1978, between MAYOR AND CITY COUNCIL OF
BALTIMORE, a body politic and corporate and a political
subdivision of the State of Maryland, (hereinafter called
the "City"), and ANSAM METALS CORPORATION, a
corporation organized and existing under the laws of the
State of Maryland (hereinafter called the "Company").
WITNESSETH :
WHEREAS, Chapter 352 of the 1972 Session of the Gen-
eral Assembly of Maryland, as amended, being Sections
266A to 266-1, inclusive, of Article 41 of the Annotated
Code of Maryland (1971 Rep. Vol. and 1977 Cum. Supp.),
as amended (hereinafter called the "Act"), makes legisla-
tive findings that conditions of unemployment exist in many
areas of the State of Maryland; the development of new
commercial, industrial and manufacturing plants are es-
sential to relieve this unemployment and to establish a
balanced economy within the State of Maryland; and the
present and prospective health, happiness, safety, right of
gainful employment, and general welfare of the citizens of
each of the counties and municipalities of the State of Mary-
land will be promoted by the establishment of industrial
buildings; and
WHEREAS, the Act authorizes the municipalities and
counties of the State of Maryland to issue revenue bonds for
the purpose of providing funds to pay all or any part of the
cost of the acquisition (as that term is defined in the Act)
of industrial buildings (as that term is defined in the Act),
and to lend any such funds to an industrial concern, for
such purposes as shall effectuate the purposes of the Act,
under a loan agreement which may provide that the indus-
trial buildings shall become the property of the industrial
concern upon the acquisition thereof and may contain such
other terms and conditions consistent with the Act as shall
be agreed upon; and
WHEREAS, the Company has requested the City to pro-
vide financing for the acquisition of the Industrial Buildings
292 ORDINANCES Ord. No. 704
(hereinafter defined) to be located within the City of Balti-
more; and
WHEREAS, the Company has represented to the City
that the Industrial Buildings are suitable for and will be
used for purposes permitted for industrial buildings (as the
is defined in the Act) ; and
WHEREAS, the City has agreed, upon the terms and
conditions hereinafter in this Loan Agreement set forth, to
lend funds to the Company to be used for the purposes of
paying the cost of the acquisition of the Industrial Buildings
and to raise such funds by the issuance and sale of its in-
dustrial development revenue bond pursuant to the Ordi-
nance (hereinafter defined) ; and
WHEREAS, the industrial development revenue bond is-
sued under the Ordinance will be secured by (a) an assign-
ment of the City's interest in (i) this Loan Agreement, in-
cluding the revenues and receipts derived, and the collateral
pledged, hereunder, which have been pledged under the
Ordinance to the Bank (hereinafter defined), as agent for
the holder of the industrial development revenue bond, and
(ii) the Deed of Trust (hereinafter defined); and (b) by
the Guaranty Agreement (hereinafter defined).
NOW, THEREFORE, in consideration of the representa-
tions, warranties, covenants, terms and agreements herein
contained and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged,
the parties hereto agree as follows; provided, that in the
performance of the agreements of the City herein contained,
any obligation it may incur for the payment of money shall
not create a pecuniary liability or a charge upon its general
credit or against its taxing powers but shall be payable
solely out of the proceeds derived from this Loan Agree-
ment and the sale of the Bond referred to in Section 4.2
hereof:
ARTICLE I.
Definitions
The following words and terms as used in this Agree-
ment shall have the following meanings unless the context
ORDINANCES 293
or use clearly indicates another or different meaning or
intent:
"Acquisition" or "acquisition" means, when used in re-
gard to the Industrial Buildings, the acquisition of the In-
dustrial Buildings as such meaning is intended in the Act,
and shall include, where applicable and without limitation,
the purchase, construction, rehabilitation, remodeling, ex-
tension, equipping and permanent improvement of the In-
dustrial Buildings.
"Acquisition Period" means the period between the com-
mencement of the Acquisition of the Industrial Buildings or
the date on which the Bond is first delivered to the Bank,
whichever is earlier, and the Completion Date (hereinafter
defined).
"Act" means Chapter 352 enacted by the 1972 Session of
the General Assembly of Maryland, as amended, being Sec-
tions 266A to 266-1, inclusive, of Article 41 of the Anno-
tated Code of Maryland (1971 Rep. Vol. and 1977 Cum.
Supp.), as amended.
"Agreement" means this Loan Agreement.
"Assignment" means the Assignment of even date here-
with by which the City assigns to the Bank as agent for the
holder of the Bond, all of its right, title and interest in and
to, and remedies under, this Agreement and moneys due
and to become due to the City hereunder and all collateral
pledged hereunder, and all of its right, title and interest in
and to, and remedies under, the Deed of Trust (hereinafter
defined), as security for the Loan as set forth in the As-
signment.
"Authorized City Representative" means the person at
the time designated to act on behalf of the City by written
certificate furnished to the Company and the Bank as agent
for the holder of the Bond, containing the specimen signa-
ture of such person and signed on behalf of the City by the
Mayor of the City. Such certificate may designate an alter-
nate or alternates.
"Authorized Company Representative" means the person
or persons at the time designated to act on behalf of the
294 ORDINANCES Ord. No. 704
Company by written certificate furnished to the City and
the Bank as agent for the holder of the Bond, containing
the specimen signature of such person and signed on behalf
of the Company by its President or one of its Vice Presi-
dents. Such certificate may designate an alternate or
alternates.
"Bank" means The Equitable Trust Company, a Mary-
land banking corporation, and its successors and, except for
a subsequent purchaser of the Bond (hereinafter defined),
its assigns.
"Bank as agent for the holder of the Bond" means the
Bank acting in its fiduciary capacity as agent for the holder
of the Bond, performing the functions described in the Ordi-
nance (hereinafter defined) and in the Assignment.
"Banking Day" means a day other than a Saturday, Sun-
day or legal holiday in the State of Maryland.
"Bond" means the City of Baltimore, Maryland Indus-
trial Development Revenue Bond (Ansam Metals Corpora-
tion Project) dated as of March 1, 1978, in the principal
amount of $750,000 to be issued pursuant to the Ordinance
(hereinafter defined), without pecuniary liability on the
part of the City. In the event the Bond is at any time ex-
changed for serial bonds as set forth in Section 9 of the
Ordinance (hereinafter defined), then, and in that event, the
term "Bond" shall be deemed to include, and shall mean,
such serial bonds.
"City" means Mayor and City Council of Baltimore,
Maryland, a body politic and corporate and a political sub-
division of the State of Maryland, and its successors and
assigns.
"Code" means the Internal Revenue Code of 1954, as
amended, and the Treasury Regulations issued thereunder.
"Company" means Ansam Metals Corporation, a Mary-
land corporation, and its successors and assigns.
"Completion Date" means the date on which the acquisi-
tion of the Industrial Buildings has been completed, as that
date shall be certified, as provided in Section 4.4 hereof.
ORDINANCES 295
"Deed of Trust" means the first lien Deed of Trust of
even date herewith, between the Company and
and , trustees, covering:
the Industrial Buildings and the land appurtenant thereto
as security for the Loan (hereinafter defined).
"Guaranty Agreement" means the Guaranty Agreement
of even date herewith, executed and delivered by the Com-
pany whereby the Company fully and unconditionally guar-
antees to the Bank for the benefit of the holder of the Bond
the payment of the principal of and interest on the Bond.
"Holder of the Bond" or "holder of the Bond" means the
registered owner of the Bond, which may be the Bank.
"Industrial Buildings" means the Industrial Buildings,
and is intended to have the meaning ascribed to the term
"industrial buildings" in the Act, which Industrial Build-
ings are more particularly described in Exhibit A attached
to this Agreement and made a part hereof.
"Loan" means the Loan in the principal amount of
$750,000 evidenced by and described in this Agreement to
be made by the City to the Company.
"Loan Agreement" means this Loan Agreement.
"Loan Term" means the period the Loan is to be out-
standing as specified in Section 5.1 hereof.
"Net Proceeds" when used with respect to any condemna-
tion award or insurance proceeds allocable to the Industrial
Buildings means the gross proceeds from condemnation or
insurance so allocable, with respect to which that term is
used, remaining after payment of all expenses (including
attorney's fees and any extraordinary expenses of the Bank
as agent for the holder of the Bond) incurred in the collec-
tion of such gross proceeds.
"Ordinance" means Ordinance No. of the City ap-
proved by the Mayor of the City on , 1978, by
which the City has, inter alia, authorized the execution and
delivery of this Loan Agreement, the Assignment, the
Guaranty Agreement (for the limited purposes therein pro-
vided) , the Trust Agreement (for the limited purpose there-
in provided), and the Deed of Trust (for the limited pur-
pose therein provided), and the issuance and sale and exe-
296 ORDINANCES Ord. No. 704
cution and delivery of the Bond, and has pledged the
moneys derived and to be derived by the City from this
Agreement to secure the punctual payment of the Bond and
the interest thereon.
"Prepayment Provisions" means, with respect to the
Bond, the provisions for the prepayment of the Bond pur-
suant to Section 7 of the Ordinance.
"Trust Agreement" means the Trust Agreement of even
date herewith between the Company and
and , trustees, pursuant to which the
proceeds of the Loan are to be deposited in trust with the
Trustees (hereinafter defined), and held, invested and dis-
bursed by the Trustees as therein provided.
"Trustees" means and
, Trustees under the Trust Agreement, or their
successors in trust who may be acting under and pursuant
to the Trust Agreement from time to time.
The words "hereof", "herein", "hereunder", "hereto",
and other words of similar import refer to this Agreement
as a whole.
References to Articles, Sections, and other subdivisions
of this Agreement are to the designated Articles, Sections,
and other subdivisions of this Agreement as originally
executed.
The headings of this Agreement are for convenience only
and shall not define or limit the provisions hereof.
ARTICLE II.
Lending Clauses and Security
Sec. 2.1. The Loan. The City agrees, upon the terms and
subject to the conditions contained in this Agreement, to
make the Loan to the Company in the amount of $750,000.
The Company unconditionally promises to repay the prin-
cipal of the Loan with interest thereon as provided in this
Agreement.
Sec. 2.2. Security. The Loan is secured by this Agreement
and the Deed of Trust and the collateral pledged hereunder
and thereunder. As additional security for the Loan the
ORDINANCES 297
Company hereby grants to the City and its assigns (in-
cluding the Bank as agent for the holder of the Bond), and
agrees that the City and its assigns (including the Bank as
agent for the holder of the Bond) shall have, a security
interest in all sums on deposit from time to time with the
Trustees under the Trust Agreement.
The Company agrees that with respect to the collateral
described above the City and its assigns (including the
Bank as agent for the holder of the Bond) shall have all of
the rights and remedies of a secured party under the Mary-
land Uniform Commercial Code.
ARTICLE III.
Representations and Warranties; Findings
Sec. 3.1. Representations by the City. The City makes the
following representations:
(a) Corporate Existence. The City is a body politic and
corporate and a political subdivision of the State of Mary-
land. Under the provisions of the Act, the City has the
power to enter into the transactions contemplated by this
Agreement and to carry out its obligations hereunder. By
proper action, the City has been duly authorized to execute
and deliver this Agreement, to enter into the transactions
contemplated hereby and to issue and sell the Bond.
(b) Issuance of the Bond. To finance the cost of the
acquisition of the Industrial Buildings the City has agreed
at the request of the Company to issue and sell the Bond
and to lend the proceeds thereof to the Company pursuant
to the terms and conditions of this Agreement.
(c) Pledge of Proceeds of the Loan. As provided in the
Ordinance pursuant to which the Bond is to be issued and
sold, the City's interest in this Loan Agreement and the
moneys derived by the City from the repayment of the Loan
will be pledged for payment of the principal of and interest
on the Bond and for any other payment referred to in Sec-
tion 5.3 hereof.
Sec. 3.2. Representations and Warranties by the Com-
pany. The Company makes the following representations
and warranties:
298 ORDINANCES Ord. No. 704
(a) Subsidiaries. The Company has no subsidiaries.
(b) Good Standing. The Company (i) is a corporation
duly organized and existing, in good standing, under the
laws of the State of Maryland, (ii) has the corporate
power to own its property and to carry on its business as
now being conducted, and (iii) is duly qualified to do busi-
ness and is in good standing in each jurisdiction in which
the character of the properties owned by it therein or in
which the transaction of its business makes such qualifica-
tion necessary.
(c) Corporate Authority. The Company has full power
and authority to enter into this Agreement, to make the
borrowing hereunder, to execute and deliver this Agree-
ment, the Guaranty Agreement, the Trust Agreement, the
Deed of Trust and all other documents necessary in the
premises, and to incur the obligations provided for herein
and therein, all of which have been duly authorized by all
proper and necessary corporate action. No consent or ap-
proval of stockholders or of any public authority or regula-
tory body is required as a condition to the validity or en-
forceability of this Agreement, the Guaranty Agreement,
the Trust Agreement, or the Deed of Trust.
(d) Binding Agreement. This Agreement, the Guaranty
Agreement, the Trust Agreement, and the Deed of Trust
constitute the valid and legally binding obligations of the
Company, and are fully enforceable against the Company
in accordance with their respective terms.
(e) Litigation. There are no proceedings pending or, so
far as the officers of the Company know, threatened, before
any court or administrative agency which, in the opinion of
the Officers of the Company, will materially adversely
affect the validity or enforceability of this Agreement, the
Ordinance, the Guaranty Agreement, the Trust Agreement
or the Deed of Trust.
(f) N'o Conflicting Agreements. There is no charter,
by-law or preference stock provision of the Company and no
provision of any existing mortgage, indenture, contract or
agreement binding on the Company or affecting its prop-
erty, which would conflict with or in any way prevent the
execution, delivery, or carrying out of the terms of this
ORDINANCES 299
Agreement, the Guaranty Agreement, the Trust Agreement,
or the Deed of Trust.
(g) Financial Condition. The balance sheet of the Com-
pany as of , 1977, together with state-
ments of profit and loss and of surplus for the period then
ended, heretofore delivered to the Bank, are complete and
correct and fairly present the financial condition of the Com-
pany and the results of its operations and transactions in its
surplus accounts as of the date and for the period referred
to and have been prepared in accordance with generally ac-
cepted accounting principles applied on a consistent basis
throughout the period involved. There are no liabilities,
direct or indirect, fixed or contingent, of the Company as of
the date of such balance sheet which are not reflected there-
in or in the notes thereto. There has been no material ad-
verse change in the financial condition or operations of the
Company since the date of such balance sheet. The Company
has good and marketable title to all its properties and assets,
and all such properties and assets are free and clear of mort-
gages, pledges, liens, changes and other encumbrances,
except as reflected on such balance sheet or the notes
thereto.
(h) Utility Arrangements and Permits. The Company
has procured, or hereby agrees to use its best efforts to pro-
cure, from the appropriate state, county, municipal, and
other authorities and corporations, connection and dis-
charge arrangements for the supply of water, gas, elec-
tricity and other utilities and sewage and industrial waste
disposal for the operation of the Industrial Buildings.
(i) Tax Returns. The Company has filed all required
federal, State and local tax returns and has paid all taxes as
shown on such returns as they have become due. Federal
income taxes have been audited through ,
and no claims have been assessed and are unpaid with
respect to such taxes except as shown in the balance sheet
referred to in (g) above.
(j) Use of Loan Proceeds. The Company intends to use
the proceeds of the Loan solely to acquire the Industrial
Buildings. The Company intends the Bond to be an "Indus-
trial Development Bond" within the meaning of Section
103(b)(2) of the Code.
300 ORDINANCES Ord. No. 704
Substantially all of the proceeds of the Bond will be used
to acquire land or to acquire property of a character sub-
ject to the allowance for depreciation as prescribed in Sec-
tion 103(b) (6) (A) of the Code; and the Company will not
commit any act which will adversely affect the tax exempt
status of the interest on the Bond. No part of the proceeds
of the Bond will be used to finance inventory or for working
capital. On the basis of the facts, estimates and circum-
stances in existence on the date of this Agreement, a period
of less than three (3) years from the date of issuance of the
Bond is necessary for the completion of the acquisition of
the Industrial Buildings.
(k) Liens on Collateral. There exist (s) no lien or liens
on the collateral pledged as security for the Loan under
Section 2.2 of this Agreement or on any of the property
pledged as security for the Loan under the Deed of Trust.
(1) Commencement of Work and Binding Obligations.
The Company did not commence work on, and did not incur
any binding obligations for the acquisition of, the Industrial
Buildings until after , 1978.
Sec. 3.3. Findings by City. The City hereby confirms its
findings that the acquisition of the Industrial Buildings will
promote the purposes of the Act by (i) maintaining em-
ployment and relieving unemployment in the City of Balti-
more, and elsewhere in the State of Maryland; (ii) en-
couraging the increase of industry and a balanced economy
in the State of Maryland and in the City of Baltimore; (iii)
promoting economic development; and (iv) thus promoting
the health, welfare and safety of the residents of the City
of Baltimore and of the State of Maryland.
ARTICLE IV.
Commencement and Completion of the
Industrial Buildings; Issuance of the Bond
Sec. 4.1. Agreement to Acquire the Industrial Buildings.
The Company covenants and agrees that :
(a) It will cause the Industrial Buildings to be acquired
substantially in accordance with the description of the In-
dustrial Buildings set forth in Exhibit A attached hereto
ORDINANCES 301
and the Plans and Specifications (referred to and defined
in the Trust Agreement) .
(b) It will submit the Plans and Specifications (referred
to and defined in the Trust Agreement) to the Bank and the
Department of Housing and Community Development for
approval. The Company understands that, in addition to the
economic feasibility of the construction of the Industrial
Buildings, the Department of Housing and Community De-
velopment may consider, without limitation, the suitability
of the site plan, architectural treatment, building plans,
elevations, materials, color, construction details, access park-
ing, loading, landscaping, identification signs, exterior light-
ing, refuse collection details, streets, sidewalks, and har-
mony between the plans and the surroundings of the
proposed Industrial Buildings; and that the Department of
Housing and Community Development may refuse approval
of the Plans and Specifications for aesthetic or functional
reasons.
(c) It and its developers will work with the design ad-
visory group appointed by the Department of Housing and
Community Development in order to achieve high quality
site, building, and landscape design.
(d) Without the prior written consent of the Bank as
agent for the holder of the Bond, it and its contractors will
not make any changes in the Industrial Buildings to be
acquired as described in Exhibit A attached hereto or in
the Plans and Specifications (referred to and defined in the
Trust Agreement).
(e) It will cause the acquisition of the Industrial Build-
ings to be completed within the period of time prescribed in
Section 1 of the Trust Agreement. In the event the acqui-
sition of the Industrial Buildings commences prior to the
receipt of proceeds from the sale of the Bond, the Company
agrees to advance all funds necessary for such purposes,
subject to reimbursement pursuant to the provisions hereof.
Nothing contained in this Section shall relieve the Company
from making any payments required to be made pursuant
hereto.
Sec. 4.2. Agreement to Issue Bond; Application of Bond
Proceeds. In order to provide funds for payment of the
302 ORDINANCES Ord. No. 704
costs of acquisition provided for in Section 4.3 hereof, the
City agrees that it will issue and sell the Bond and cause
the Bond to be delivered to the Bank pursuant to and in
accordance with the Ordinance. Upon receipt of the pro-
ceeds of the Bond, the City will disburse such proceeds to
the Company in accordance with the provisions of the Or-
dinance and Section 4.3 of this Agreement.
Sec. 4.3. Disbursement of the Loan Proceeds. The City
and the Company hereby authorize and direct the use of the
proceeds of the Loan for the following purposes (and, sub-
ject to the provisions of Section 4.6 hereof, for no other
purpose) :
(a) Payment of the necessary expenses of preparing
and selling the Bond; the fees and expenses for recording
or filing any financing statements required by the City or
the Bank as agent for the holder of the Bond to be recorded
or filed, and any other documents or instruments, the filing
or recording of which either the City, the Bank as agent
for the holder of the Bond, or the Company, or counsel to
the City, the Bank as agent for the holder of the Bond, or
the Company may reasonably deem desirable; and the fees
and expenses in connection with the commencement and
prosecution of any action or proceeding that either the City,
the Bank as agent for the holder of the Bond, or the Com-
pany, or counsel to the City the Bank as agent for the
holder of the Bond, or the Company may reasonably deem
desirable in connection with this Agreement and the trans-
actions contemplated hereby.
(b) Subject to the terms and conditions of the Trust
Agreement, payment to the Company of such amount, if
any, as shall be necessary to reimburse the Company for all
advances and payments made or costs incurred by the Com-
pany prior to or after the execution of this Agreement for
expenditures in connection with the preparation of the Plans
and Specifications (referred to and defined in the Trust
Agreement) for the Industrial Buildings (including any pre-
liminary study of the Industrial Buildings or any aspect
thereof) ; site improvements; any and all direct and indi-
rect costs of acquisition of the Industrial Buildings; the
construction, acquisition and installation necessary to pro-
vide utility services; acquisition of all other real and per-
ORDINANCES 303
sonal property deemed necessary in connection with the
Industrial Buildings; and for miscellaneous expenses inci-
dental to any of the above (including, without limitation,
fees for architectural, engineering and supervisory services
with respect to any of the foregoing) .
(c) Payment of the legal and accounting fees (including
those of the Bank as agent for the holder of the Bond and
the City) and expenses incurred in connection with the au-
thorization, issuance and sale of the Bond, the preparation
of this Agreement and all other documents in connection
therewith and in connection with the acquisition of title
to the Industrial Buildings; and payment of the fees, or
out-of-pocket expenses, of the City, if any, incurred with
respect to the Industrial Buildings or the Bond to be issued
under the Ordinance.
(d) Payment for labor, services, materials and supplies
used or furnished for any of the purposes or objectives set
out in Section 4.3(b) above, subject to the terms and con-
ditions of the Trust Agreement.
(e) Payment to the Bank as agent for the holder of the
Bond, as such payments become due, of the fees and ex-
penses of the Bank as agent for the holder of the Bond
that may become due during the Acquisition Period, or
reimbursement thereof, if paid by the Company.
(f) Payment of expenses incurred with the approval
of the Company in seeking to enforce any remedy against
any contractor or subcontractor in respect of any default
under any contracts to which the Company is a party in con-
nection with the Industrial Buildings.
(g) Payment of any other expenses authorized under
the Act.
The proceeds of the Loan will be disbursed by the City
to the Company, and the Company will simultaneously de-
posit such proceeds in trust with the Trustees under and
pursuant to the Trust Agreement, to be held, invested and
disbursed by the Trustees as therein provided for the pur-
poses set forth in this Agreement and the Trust Agree-
ment. Unless the prior written consent of the holder of the
Bond is obtained, the proceeds of the Loan may be disbursed
304 ORDINANCES Ord. No. 704
only in accordance with the terms, conditions, provisions
and procedures set forth in the Trust Agreement.
The Company covenants that substantially all of the pro-
ceeds of the Bond shall be used in compliance with Section
103(b) (2) of the Code, and shall be used for the acquisition
of land or the acquisition, construction or installation of
property of a character subject to the allowance for depre-
ciation as prescribed in Section 103(b)(6)(A) of the Code.
All moneys remaining on deposit after the Completion Date
and after payment of all items provided for in this Section,
except for amounts required by the Company for payment
of costs of the Industrial Buildings not then due and pay-
able, and any moneys held by the Trustees at the time of
default under Section 8 of the Trust Agreement, shall be
disbursed by the Trustees to the City to be applied to the
prepayment, without premium or penalty, of the amounts
due hereunder, and such amounts shall be applied by the
City to the immediate prepayment, without premium or
penalty, of the amounts due hereunder, and such amounts
shall be applied by the City to the immediate prepayment,
without premium or penalty, of the principal of the Bond
(in the inverse order of the installment payment dates) in
accordance with the terms and provisions of the Ordinance.
Any such prepayment made under this Section 4.3 need not
be made (a) in multiples of $19,000, or (b) on an interest
payment date.
Sec. 4.4. Establishment of Completion Date. The Com-
pletion Date shall be evidenced to the Bank as agent for
the holder of the Bond, the Trustees and the City by a cer-
tificate signed by the Authorized Company Representative
and by the Company's architect (approved by the Bank as
agent for the holder of the Bond) stating in substance that
(1) the acquisition of the Industrial Buildings has been
completed in accordance with the description thereof set
forth in Exhibit A hereto and the Plans and Specifications
(referred to and defined in the Trust Agreement), and all
labor, services, materials and supplies used in such acqui-
sition have been paid for, (2) all other improvements
necessary in connection with the Industrial Buildings have
been acquired and constructed substantially in accordance
with the description thereof set forth in Exhibit A hereto,
ORDINANCES 305
and all costs and expenses incurred in connection therewith
have been paid, (3) the Industrial Buildings are suitable and
sufficient for their intended purposes, and (4) substantially-
all of the proceeds from the Bond theretofore advanced by
the Trustees have been used for purposes allowable under
Section 103(b)(2) of the Code. Such certificate shall have
attached thereto final waivers of liens of the general con-
tractor and all subcontractors and suppliers as well as a
copy of the permanent certificate of occupancy.
Notwithstanding the foregoing, such certificate shall state
that it is given without prejudice to any rights against
third parties which exist at the date of such certificate or
which may subsequently come into being. It shall be the
duty of the Company to cause such certificate to be fur-
nished as soon as the acquisition of the Industrial Buildings
shall have been completed.
Sec. 4.5. Company Required to Pay Costs in the Event
Bond Proceeds Insufficient. In the event the proceeds of
the Bond available for payment of the costs of the acqui-
sition of the Industrial Buildings shall not be sufficient to
pay the costs thereof in full (including all items of cost set
forth in Section 4.3 hereof), the Company agrees to com-
plete the acquisition of the Industrial Buildings and pay all
that portion of the costs of the acquisition of the Industrial
Buildings (including all items of cost set forth in Section
4.3 hereof) as may be in excess of the proceeds of the Bond
available therefor. The City does not make any warranty,
either express or implied, that the proceeds of the Bond
which, under the provisions of this Agreement, will be
available for payment of the costs of the acquisition of the
Industrial Buildings will be sufficient to pay all the costs
which will be incurred in that connection (including all
items of cost set forth in Section 4.3 hereof) . The Company
agrees that if after exhaustion of the proceeds of the Bond
the Company shall pay any portion of the costs of the
acquisition of the Industrial Buildings pursuant to the
provisions of this Section, it shall not be entitled to any
reimbursement therefor from the City, or from the Bank,
or from the Bank as agent for the holder of the Bond, or
from the holder of the Bond, or from the Trustees, nor shall
it be entitled to any diminution of the amounts payable
hereunder.
306 ORDINANCES Ord. No. 704
Sec. 4.6. Investment of Money. Any moneys held by the
Trustees under the Trust Agreement and not required for
immediate disbursements and withdrawal shall, at the writ-
ten request of the Authorized Company Representative, be
invested or reinvested to the extent permitted by law, in
the following: (i) general obligations, of, or obligations
unconditionally guaranteed as to principal and interest by,
the United States of America; (ii) bonds, debentures, par-
ticipation certificates or notes issued by any agency or
corporation which is or may hereafter be created by Act
of the Congress of the United States as an agency or instru-
mentality thereof; (iii) Public Housing Bonds, Temporary
Notes or Preliminary Loan Notes, fully secured by contracts
with the United States; (iv) certificates of deposit issued
by the Bank, or any other bank, trust company or national
banking association, organized under the laws of the United
States or any state thereof, which has a combined capital
of at least $40,000,000, in any amount; or (v) any other
investment which the Trustees may legally make under
federal and Maryland law and which is approved by the
Bank as agent for the holder of the Bond. Such investments
shall be made in the discretion of the Trustees; provided,
however, that the Company may by written direction from
the Authorized Company Representative to the Trustees
direct the investments. All such investments shall have
maturities consonant with the need for funds as estimated
by such Authorized Company Representative. The Company
covenants that it will not direct or permit investments
which would cause the Bond to be an "arbitrage bond"
within the meaning of Section 103(c)(2) of the Code. On
each interest payment date, as provided in Section 5.3
hereof, any profit realized from investments made here-
under shall be paid over by the Trustees to the Bank as
agent for the holder of the Bond (as assignee of the City)
and shall be applied by the Bank as agent for the holder
of the Bond to the interest on the Loan due and payable
on such date. To the extent that any profits are so paid
over and applied, the payment of interest for which the
Company is responsible on such date shall be reduced ac-
cordingly. Excess profits, over and above the interest due
and payable on such date shall remain on deposit (and be
reinvested by the Trustees to the extent practicable) until
the next interest payment date, when it will be paid over
ORDINANCES 307
and applied as aforesaid. Upon completion of the acquisition
of the Industrial Buildings, all moneys held by the Trustees
shall be applied as set forth in the last literary paragraph
of Section 4.3 of this Agreement.
ARTICLE V.
Effective Date of This Agreement; Duration of
Loan Term; Ownership and Possession of Industrial
Buildings; Repayment Provisions; Obligations of
Company Unconditional
Sec. 5.1. Effective Date of This Agreement; Duration of
Loan Term. This Agreement shall become effective upon its
delivery, and shall expire on such date as the Bond has
been fully paid and retired and all other payments required
hereunder have been made; provided however, that the
expiration of this Agreement shall not affect the Company's
obligation to pay to the holder of the Bond an additional
amount after the Bond has been fully paid and retired in
the event that the holder of the Bond in a tax return or as
a result of a deficiency assessment or otherwise, incurs a
tax liability as more fully set out in Section 5.3 hereof.
Sec. 5.2. Ownership and Possession of the Industrial
Buildings. The City agrees that the Industrial Buildings shall
be the sole property of the Company and that the Company
shall enjoy the sole and exclusive ownership and possession
of the Industrial Buildings (subject to the right of the City
to enter thereon for inspection and other purposes pursuant
to the provisions of Section 9.2 hereof) . The City covenants
and agrees that it will not take any action, other than pur-
suant to Article X of this Loan Agreement and its general
police powers, to prevent the Company from having quiet
and peaceable enjoyment of the Industrial Buildings.
Sec. 5.3. Amounts Payable. The Company promises to
repay the Loan with interest on the unpaid principal amount
thereof, from the date hereof, at the rate of 7%% per
annum (calculated on the basis of a 360-day year factor
applied to actual days elapsed) ; provided, however, that
during any period in which the interest payable on the
Bond is validly includible in the gross income (as defined
308 ORDINANCES Ord. No. 704
in Section 61 of the Internal Revenue Code of 1954, as
amended) of the holder of the Bond, the rate of interest
payable on the unpaid principal amount of the Loan shall
be the annual rate which is at all times equal to (a) the
commercial prime rate of interest in effect at the Bank
from time to time (floating), plus (b) 2Vfc% Per annum
(calculated on the basis of a 360-day year factor applied
to actual days elapsed) (hereinafter called the "Taxable
Rate").
The principal of and interest on the Loan shall be pay-
able in lawful money of the United States of America at
the time of payment as follows :
(a) interest on the outstanding principal balance shall
be due and payable semi-annually on the first days of March
and September in each year, commencing on September 1,
1978, continuing to and including March 1, 1999, or until
the principal amount shall have been paid in full ;
(b) commencing on March 1, 1979, continuing to and
including September 1, 1980, $47,000 of the principal amount
shall be paid in 4 equal, consecutive installments of $11,750
each, payable on the first days of March and September in
each year;
(c) then, commencing on March 1, 1981, continuing to
and including March 1, 1999, the remaining principal amount
shall be paid in 37 equal, consecutive semi-annual install-
ments of $19,000 each, payable on the first days of March
and September in each year ;
(d) the Loan will mature, and the entire unpaid bal-
ance of the principal thereof and all accrued and unpaid
interest thereon shall be due and payable on March 1, 1999;
and
(e) all payments received shall be applied first to in-
terest and the balance to principal.
In any event, each and every payment to be made under
this Section shall be sufficient to pay the payments of in-
terest on and the installments of the principal of and inter-
est on the Bond when due (whether at maturity, by re-
demption, by acceleration or otherwise) .
ORDINANCES 309
The Company agrees to pay to (and within 30 days after
the request of) the City, the Bank, or the Bank as agent for
the holder of the Bond, until the principal of and interest
on the Bond shall have been paid in full, (i) the ordinary
and reasonable fees, charges and expenses of the City, the
Bank, and the Bank as agent for the holder of the Bond
incurred in connection with the transactions contemplated
by this Loan Agreement as and when the same become due,
and (ii) the reasonable fees, charges and expenses incurred
by the City under the Ordinance as and when the same be-
come due, including, but not limited to, any expenses in-
curred by the City in authorizing and issuing serial bonds
pursuant to Section 9 of the Ordinance.
In the event that interest payable on the Bond is deter-
mined to be includible in the gross income (as defined in
Section 61 of the Internal Revenue Code of 1954, as
amended) of the holder of the Bond so as to cause the rate
of interest on the Bond to be the Taxable Rate, the Com-
pany agrees to pay, on demand, directly to the holder of
the Bond an additional amount of money, which when
added to the interest paid on the Bond from the date the
interest became so includible in the gross income of the
holder would cause the total amount of interest on the
Bond from such date to the date upon which the rate of
interest on the Bond is so increased, to have been paid at a
rate equal to the Taxable Rate, and such amount shall be
considered additional interest on the Bond.
In the event that after the Bond has been fully paid and
retired, any holder of the Bond, in a tax return or as a
result of a deficiency or otherwise, incurs a tax liability
under circumstances that, were the Bond then outstanding,
would cause the rate of interest payable on the Bond to
be the Taxable Rate, the Company agrees to pay, on de-
mand, directly to that holder of the Bond an additional
amount of money, which when added to the interest paid
on the Bond from the date the interest became includible in
the gross income of that holder, would cause the total
amount of interest on the Bond from such date to the date
upon which the interest on the Bond was no longer includ-
ible in the gross income of that holder to have been paid
at a rate equal to the Taxable Rate, and such amount shall
be considered additional interest on the Bond. In the event
310 ORDINANCES Ord. No. 704
that after the Bond has been transferred in accordance
with Section 9 of the Ordinance but prior to the date on
which the Bond has been fully paid and retired, any pre-
vious holder of the Bond, in a tax return or as a result of
a deficiency or otherwise, incurs a tax liability as a result
of the interest payable on the Bond being includible in the
gross income (as defined in Section 61 of the Code) of such
previous holder of the Bond, the Company agrees to pay,
on demand, directly to that previous holder of the Bond an
additional amount of money, which when added to the in-
terest paid on the Bond from the date the interest on the
Bond became so includible in the gross income of that
holder of the Bond, would cause the total amount of interest
on the Bond from such date to the date upon which the
interest on the Bond was no longer includible in the gross
income of that holder to have been paid at a rate equal to
the Taxable Rate, and such amount shall be considered ad-
ditional interest on the Bond.
In the event the Company should fail to make any of the
payments required in this Section, the item or installment
so in default shall continue as an obligation of the Company
until the amount in default shall have been fully paid, and
the Company agrees to pay such item or installment in
default with interest thereon at the rate of 13% per annum
until paid (which interest shall commence to accrue on the
15th day following the day on which such item or install-
ment was due and payable) .
Sec. 5.4. Place of Payments. The payments provided for
in the first literary paragraph of Section 5.3 hereof shall be
made in immediately available funds directly to the Bank as
agent for the holder of the Bond, at its offices at Calvert and
Fayette Streets, Baltimore, Maryland 21203. If any pay-
ment hereunder falls due on any day which is not a Banking
Day, then such payment date shall be extended to the next
succeeding full Banking Day. The payments to be made
under the fourth literary paragraph of Section 5.3 hereof
shall be paid directly to the Bank as agent for the holder of
the Bond or directly to the City as the case may require.
Sec. 5.5. Obligations of the Company Hereunder Uncon-
ditional. The obligation of the Company to make the pay-
ORDINANCES 311
merits required in Section 5.3 hereof and to perform and
observe the other agreements on its part contained herein
shall be absolute and unconditional, irrespective of any de-
fense or any rights of set-off, recoupment or counterclaim
it might otherwise have against the City, and the Company
shall pay absolutely net during the term of this. Agreement
the payments to be made on account of the Loan as pre-
scribed in Section 5.3 and all other payments required here-
under, free of any deductions and without abatement,
diminution or set-off other than those herein expressly pro-
vided; and until such time as the principal of and interest
on the Bond shall have been fully paid, the Company: (i)
will not suspend or discontinue any payments provided for
in Section 5.3 hereof; (ii) will perform and observe all of
its other agreements contained in this Agreement; and
(iii) except as provided in Article XII hereof, will not
terminate this Agreement for any cause, including, without
limiting the generality of the foregoing, failure of the Com-
pany to complete the acquisition of the Industrial Buildings,
the occurrence of any acts or circumstances that may con-
stitute failure of consideration, destruction of or damage to
the Industrial Buildings, commercial frustration of purpose,
any change in the tax laws of the United States of America
or of Maryland or any political subdivision or either of
these, or any failure of the City to perform and observe any
agreement, whether express or implied, or any duty, lia-
bility or obligation arising out of or connected with this
Agreement, except to the extent permitted by this Agree-
ment.
ARTICLE VI.
SEC. 6.1. Affirmative Covenants. Throughout the Loan
Term the Company shall:
(a) Maintenance of Existence. Preserve and maintain
its existence in good standing as a Maryland corporation
and will cause each of its subsidiaries to maintain its cor-
porate existence in good standing in the jurisdiction of its
incorporation.
(b) Maintenance of Properties. Keep the Industrial
Buildings and all of its other properties and improvements,
necessary in the judgment of the Company to its business,
in good working order and condition, ordinary wear and
312 ORDINANCES Ord. No. 704
tear excepted. The Company shall make all replacements
and repairs reasonably required to insure the foregoing.
(c) Compliance with Applicable Laws. Comply with the
requirements of all applicable laws, rules, regulations, and
orders of any governmental authority, a breach of which
would materially and adversely affect (i) the financial con-
dition of the Company, or (ii) the ability to use the Indus-
trial Buildings for the purposes for which it was designed,
except where contested in good faith and by proper pro-
ceedings, provided, that in the sole opinion of the Bank as
agent for the holder of the Bond the security for the Loan
will not be impaired during the period it is so contested.
(d) Litigation. Promptly give notice in writing to the
City and the Bank as agent for the holder of the Bond of
any litigation, pending or threatened, and of any proceeding
before any governmental or regulatory agency which, if
adversely determined, would materially affect (a) the fi-
nancial condition of the Company, or (b) the Company's
use of the Industrial Buildings for the purposes for which
they were designed.
(e) Taxes and Claims. Pay and discharge and cause
each of its subsidiaries to pay and discharge, all taxes, as-
sessments and governmental charges or levies imposed upon
any of them on their income or properties prior to the date
on which penalties attach thereto, and all lawful claims
which, if unpaid, might become a lien or charge upon such
properties (including the Industrial Buildings) to such an
extent as to materially adversely affect the Company's
ability to use such properties for the purposes for which
they were designed, provided that the Company shall not be
required to pay any such tax, assessment, charge, levy or
claim, the payment of which is being contested in good faith
and by proper proceedings.
(f) Insurance. Maintain, and cause each of its sub-
sidiaries to maintain, insurance with responsible insurance
companies on such of their properties, including the In-
dustrial Buildings, in such amounts and against such risks
as is customarily maintained by similar businesses oper-
ating in the same vicinity, and with respect to the Indus-
trial Buildings, in such amounts and against such risks as
ORDINANCES 313
required by the provisions of the Deed of Trust and the
Trust Agreement. The Company shall file, and cause each of
its subsidiaries to file, with the Bank as agent for the holder
of the Bond upon its request a detailed list of the insurance
then in effect, stating the names of the insurance com-
panies, the amounts and rates of the insurance, dates of
the expiration thereof and the properties and risks covered
thereby; and, within 30 days after notice in writing from
the holder of the Bond, or the Bank as agent for the holder
of the Bond, obtain such additional insurance as the holder
of the Bond, or the Bank as agent for the holder of the
Bond, may reasonably request. If the Industrial Buildings
are located in an area which shall at any time be designated
as a special flood hazard area, the Bank as agent for the
holder of the Bond must be furnished with a flood insurance
policy in the amount of the Loan or the maximum limit of
coverage available on the Industrial Buildings, whichever
is less. If the Industrial Buildings are not located in a spe-
cial flood hazard area, the Company shall furnish to the
Bank as agent for the holder of the Bond, upon its request
from time to time, a signed statement to that effect from
the Company's licensed insurance agent or broker.
(g) Financial Statements. Furnish to the Bank as agent
for the holder of the Bond and to the holder of the Bond:
(i) as soon as available but in no event more than
45 days after the close of each of the Company's fiscal
quarters, a consolidated balance sheet of the Company and
its subsidiaries, if any, as of the end of such quarter, and a
consolidated statement of earnings and surplus of the Com-
pany and its subsidiaries, if any, for such period and con-
solidated income and expense statements for such period,
certified by the principal financial officer of the Company
and accompanied by a certificate of that officer stating
whether any event has occurred which constitutes an Event
of Default hereunder, or which would constitute such an
Event of Default with the giving of notice or lapse of time
or both, and if so, stating the facts with respect thereto;
and
(ii) as soon as available but in no event more
than 90 days after the close of each of the Company's fiscal
years, (1) a copy of the annual financial statement in rea-
314 ORDINANCES Ord. No. 704
sonable detail satisfactory to the Bank relating to the
Company and its subsidiaries, if any, prepared in accord-
ance with generally accepted accounting principles and ex-
amined and reported upon by independent certified public
accountants satisfactory to the Bank, which financial state-
ment shall include a consolidated balance sheet of the Com-
pany and its subsidiaries, if any, as at the end of such fiscal
year and a consolidated statement of earnings and surplus
of the Company and its subsidiaries, if any, for such fiscal
year, and (2) if requested by the Bank as agent for the
holder of the Bond, a cash flow projection report prepared
by the Company in a format acceptable to the Bank; and
(iii) as soon as available but in no event more
than 90 days after the close of each of the Company's fiscal
years, a letter or opinion of the accountants who examined
the annual financial statement relating to the Company and
its subsidiaries, stating whether anything in such account-
ants' examination has revealed the occurrence of an event
which constitutes an Event of Default hereunder or which
would constitute such an Event of Default with the giving
of notice or the lapse of time or both, and, if so, stating the
facts with respect thereto, unless, as a matter of policy,
such accountants do not furnish such letters or opinions;
and
(iv) such additional information, reports or state-
ments as the Bank may from time to time reasonably re-
quest.
(h) Tangible Net Worth. Maintain a tangible net worth
(as defined in accordance with generally accepted ac-
counting principles as applied to the Company on a con-
sistent basis by the Company's accountants in the prepara-
tion of its previous annual financial statements) of not less
than $875,000.
(i) Working Capital. Maintain net working capital of
not less than $725,000. "Net working capital" means the
excess of current assets over current liabilities of the Com-
pany and its subsidiaries, inventory being valued on the
FIFO method. "Current assets" and "current liabilities"
are to be determined both as to classification of items and
ORDINANCES 315
amounts in accordance with generally accepted accounting
principles as applied to the Company on a consistent basis
by the Company's accountants in the preparation of its
previous annual financial statements; provided that there
shall be excluded from current assets (i) all prepaid ex-
penses and (ii) all amounts due to the Company or any
subsidiary from any of its directors, officers or employees.
ARTICLE VII.
Damage and Condemnation;
Application of Net Proceeds
Sec. 7.1. Damage, Destruction and Condemnation. Unless
the payments required to be made pursuant to Section 5.3
hereof shall have been accelerated pursuant to the pro-
visions of Section 10.2(a) hereof, or the Company shall
have become obligated pursuant to Article XI hereof to
prepay such amounts, if prior to full payment of the Bond
(i) the Industrial Buildings or any portion or portions
thereof are damaged by fire or other casualty or are de-
stroyed (in whole or in part), or (ii) title to, or the use of,
the Industrial Buildings or any part thereof or the interest
of the Company in the Industrial Buildings or any part
thereof shall be taken under the exercise of the power of
eminent domain by any governmental body or by any per-
son, firm, or corporation acting under governmental au-
thority, either temporarily or permanently, the Company
shall be obligated to continue to pay the amounts specified
in this Agreement, and the Company will cause the Net
Proceeds resulting from any event described in this Section
7.1 to be applied, in a manner approved by and satisfactory
in all respects to the Bank as agent for the holder of the
Bond, to the prompt repair, restoration, relocation, modifi-
cation or improvement of the Industrial Buildings by the
Company.
Sec. 7.2. Insufficiency of Net Proceeds. If the Net Pro-
ceeds are insufficient to pay in full the cost of any repair,
restoration, relocation, modification or improvement re-
ferred to in Section 7.1, hereof, the Company will nonethe-
less complete the work and will pay any costs of such work
in excess of the amount of the Net Proceeds.
316 ORDINANCES Ord. No. 704
ARTICLE VIII.
Special Covenants and Provisions
Sec. 8.1. No Warranty of Condition or Suitability by the
City. The City makes no warranty, either express or im-
plied, as to the condition of the Industrial Buildings or any
part thereof, or that the Industrial Buildings will be suit-
able (including, without limitation, zoning and availability
of utilities) for the Company's purposes or needs.
SEC. 8.2. Right of Access to the Industrial Buildings. The
Company agrees that the City, the Bank as agent for the
holder of the Bond, the holder of the Bond and their duly
authorized agents shall have the right at all reasonable
times to enter upon the Industrial Buildings and the land
appurtenant thereto to examine and inspect the Industrial
Buildings and to enforce any remedies in the event of a
default under this Agreement.
Sec. 8.3. City and Company Representatives. The Com-
pany and the City, respectively, shall designate, in the man-
ner prescribed in Article I hereof, the Authorized Company
Representative and the Authorized City Representative. In
the event that any person so designated and his alternate
or alternates, if any, should become unavailable or unable
to take any action or make any certificate provided for or
required in this Agreement, a successor shall be appointed
in the same manner. Whenever under the provisions of this
Agreement the approval of the City or the Company is re-
quired, or the City or the Company is required to take some
action at the request of the other, such approval or such
request shall be given for the City by the Authorized City
Representative, and for the Company by the Authorized
Company Representative; and the other party hereto, the
Bank as agent for the holder of the Bond and the holder
of the Bond are authorized to rely upon any such approval
or request, and neither party hereto shall have any com-
plaint against the other nor against the Bank as agent for
the holder of the Bond or the holder of the Bond as a result
of any such reliance.
Sec. 8.4. Further Assurances and Corrective Instruments.
The City and the Company agree that they will, from time
ORDINANCES 317
to time, execute and deliver or cause to be executed and
delivered, such supplements hereto and such further instru-
ments as may reasonably be required for carrying out the
intention of the parties to, or facilitating the performance
of, this Agreement.
Sec. 8.5. Covenants with Respect to Use of Bond Pro-
ceeds. The City is issuing the Bond with the intention that
the interest on the Bond be and remain free from federal
income taxation and is covenanting with the holder of the
Bond that it (i) will make no use of the proceeds of the
Bond which, if such use had been reasonably expected on
its date of issuance, would have caused the Bond to be an
"arbitrage bond" within the meaning of Section 103(c) of
the Code as in effect at the time of such issuance, and (ii)
will comply to the extent applicable with the requirements
of Section 103(c) of the Code. To that end the Company
covenants with the City for the benefit of the holder of the
Bond that it (i) will make no use of the proceeds of the
Bond which, if such use had been reasonably expected on
its date of issuance, would have caused the Bond to be an
"arbitrage bond" within the meaning of Section 103(c) of
the Code as in effect at the time of such issuance, and (ii)
will comply to the extent applicable with the requirements
of Section 103(c) of the Code. The Company will not (a)
take any action, (b) fail to take any action, or (c) make
any use of the Industrial Buildings or the proceeds of the
Bond, which would cause the interest on the Bond to be or
become subject to federal income taxes in the hands of the
holder of the Bond.
Sec. 8.6. Modification of the Industrial Buildings by the
Company. Subject to the representations and warranties
contained in Section 3.2 hereof, the agreements contained
in Section 4.1 hereof, and the covenants set forth in Section
8.5 above, the Company may, from time to time, and at its
own expense, and with the prior written consent of the
holder of the Bond, install additional property or otherwise
improve, alter, or replace the Industrial Buildings with
property of equal or greater value.
Sec. 8.7. Restriction on Transfer and Encumbrance of
Industrial Buildings by the Company. The Company agrees
318 ORDINANCES Ord. No. 704
that it will not, during the Loan Term, sell, assign, lease,
transfer, convey or otherwise dispose of the Industrial
Buildings (including the land appurtenant thereto) or any
portion thereof nor create or suffer to exist any lien or en-
cumbrance upon the Industrial Buildings during the Loan
Term.
Sec. 8.8. No Pecuniary Liability. The Act prescribes, and
the parties intend that by reason of making this Agree-
ment, by reason of the issuance of the Bond, by reason of
the performance of any act required of it by this Agree-
ment, or by reason of the performance of any act requested
of it by the Company, no indebtedness or charge against
the general credit or taxing powers of the City within the
meaning of any constitutional or charter provision or statu-
tory limitation shall occur or shall ever constitute or give
rise to any pecuniary liability of the City. Nevertheless, if
the City shall incur any such pecuniary liability, then in
such event the Company shall indemnify and hold the City
harmless therefrom.
Sec. 8.9. No Liability to Third Parties. Throughout the
Loan Term, no person or entity contracting with the Com-
pany with respect to the Industrial Buildings shall be reim-
bursed by the City under any circumstances whatsoever.
The City's issuance of the Bond and loan of the proceeds
thereof to the Company shall in no way be construed as
obligating the City in any way to any person or entity for
the payment of any expense incurred with respect to the
Industrial Buildings.
ARTICLE IX.
Assignment and Prepayment
Sec. 9.1. No Assignment by Company. This Agreement
may not be assigned by the Company without the prior
written consent of the holder of the Bond.
Sec. 9.2. Assignment by City. The City has, simultane-
ously with the delivery of this Agreement, by execution
and delivery of the Assignment, assigned all moneys due
and to become due to the City under this Agreement and
ORDINANCES 319
all of the City's right, title and interest in and to, and
remedies under, this Agreement and the Deed of Trust, to
the Bank as agent for the holder of the Bond as security
for the payment of the principal of and interest on the
Bond and all sums payable under the Ordinance. The Com-
pany agrees that it will make payment directly to the
Bank as agent for the holder of the Bond of all sums speci-
fied herein as amounts payable or to become payable by the
Company, other than payments to be made to the City pur-
suant to the fourth literary paragraph of Section 5.3 hereof
and Sections 10.4, 12.2 and 12.9 hereof, notwithstanding
any term of this Agreement or the non-performance by the
City of any obligation hereunder, or any other matter or
event whatsoever, including without limitation, the bank-
ruptcy, insolvency, liquidation or nonexistence of the City,
which might otherwise relieve the Company from the obli-
gation to pay such amount, and that the same shall be paid
at the respective times specified herein for the payment
thereof, and the receipt by the Bank as agent for the holder
of the Bond of such payments shall discharge the obliga-
tions of the Company to the City hereunder to the extent
thereof. The Company agrees that no such payment shall
be subject to any right of setoff, counterclaim or any other
defense which the Company may or might now or here-
after have against the City, the Bank as agent for the
holder of the Bond, or the holder of the Bond, and that all
such payments shall be final, and the Company shall not
seek to recover from the Bank as agent for the holder of
the Bond for any reason whatsoever, any moneys paid by
the Company to the Bank as agent for the holder of the
Bond by virtue of this Agreement or the Assignment. The
Assignment shall not impose on the Bank as agent for the
holder of the Bond any of the duties, liabilities, or obliga-
tions of the City hereunder, but the Bank as agent for the
holder of the Bond shall acquire thereby all rights of the
City hereunder to collect and receive all sums payable here-
under, or amounts equal thereto, as are necessary to pay
the Loan in full and to constitute the Bank as agent for
the holder of the Bond the beneficiary of the obligations of
the Company herein contained.
Sec. 9.3. Prepayment of the Bond. Upon the payment of
any amounts due under Section 5.3 hereof or elsewhere in
320 ORDINANCES Ord. No. 704
this Agreement and if adequate provision has been made
to assure that money sufficient to effect prepayment will
be on deposit with the Bank as agent for the holder of the
Bond on the date fixed for prepayment (including any pre-
mium or additional interest required under the Prepay-
ment Provisions), the City or the assignee under the As-
signment, at the request at any time of the Company, and
if the same is then subject to prepayment, shall forthwith
take all steps that may be necessary under the Prepay-
ment Provisions to effect prepayment of all or part of the
then outstanding principal and unpaid accrued interest on
the Bond, on the earliest prepayment date on which such
prepayment may be made under the Prepayment Provisions.
Sec. 9.4. Reference to Bond Ineffective After Bond Paid.
Except as provided in the sixth literary paragraph of Sec-
tion 5.3 hereof, upon payment in full of the Bond and all
fees and charges of the Bank, the Bank as agent for the
holder of the Bond and the City, all references in this
Agreement to the Bond shall be ineffective, and the holder
of the Bond shall thereafter have no rights hereunder,
saving and excepting those that shall have theretofore
vested.
ARTICLE X.
Events of Default and Remedies
Sec. 10.1. Defaults. It shall be an "event of default"
under this Agreement, if any of the following shall occur:
(a) Any representation or warranty made by the Com-
pany herein or any statement or representation made in
any certificate, report or opinion (including legal opinions)
delivered pursuant to this Agreement, the Trust Agreement
(including requisitions for funds under Section 5.2 thereof),
the Deed of Trust or the Guaranty Agreement shall prove
to have been incorrect in any material respect when made
or shall be breached ; or
(b) Default shall be made by the Company in the pay-
ment of any amounts due under this Agreement when due
and payable, whether at maturity, by obligation or election
to prepay, or otherwise ; or
ORDINANCES 321
(c) Default shall be made by the Company in the due
observance or performance of any other term, covenant or
agreement herein contained, which default shall remain un-
remedied for 30 days after written notice thereof shall
have been given to the Company by the Bank as agent for
the holder of the Bond or the holder of the Bond ; provided,
however, if such default be such that it cannot be corrected
within 30 days, it shall not be a default if the Company is
taking appropriate corrective action to cure the default and
if such default will not impair the security assigned to the
Bank as agent for the holder of the Bond; or
(d) Any obligation of the Company (other than its
obligation hereunder) for the payment of borrowed money
in excess of $50,000 becomes or is declared to be due and
payable prior to the expressed maturity thereof; or
(e) The Company or any subsidiary makes an assign-
ment for the benefit of creditors, files a petition in bank-
ruptcy, is adjudicated insolvent or bankrupt, petitions or ap-
plies to any tribunal for any receiver or any trustee of the
Company, or any subsidiary, or any substantial part of its
property, or if the Company or any subsidiary commences
any proceeding relating to the Company or any subsidiary
under any reorganization, arrangement, re-adjustment of
debt, dissolution or liquidation law or statute of any jurisdic-
tion, whether now or hereafter in effect, or if there is com-
menced against the Company or any subsidiary any such
proceeding which remains undismissed for a period of 30
days, or if the Company or any subsidiary by any act indi-
cates its consent to, approval of or acquiescence in any such
proceeding or the appointment of any receiver of or any
trustee for the Company, or any subsidiary, or any sub-
stantial part of its property, or suffers any such receiver-
ship or trusteeship to continue undischarged for a period
of 30 days ; or
(f ) Any judgment against the Company, or any attach-
ment or other levy against the property of the Company
with respect to a claim, for any amount in excess of $50,000
remains unpaid, unstayed on appeal, undischarged, un-
bonded or undismissed for a period of 30 days ; or
(g) Default shall be made by the Company in the due
observance or performance of any term, covenant or agree-
322 ORDINANCES Ord. No. 704
ment contained in the Trust Agreement or the Deed of
Trust which shall remain unremedied for any applicable
grace period, if any, specified in the Trust Agreement or
the Deed of Trust, respectively ; or
(h) An Event of Default shall occur under the Guar-
anty Agreement; or
(i) Any change shall occur in the financial condition or
operation of the Company, which, in the opinion of the
holder of the Bond, would have a substantial adverse affect
on the Company's credit worthiness or its ability to operate
properly, and as a result thereof the holder of the Bond,
in good faith, shall have determined that the security for
the Loan is inadequate or that the prospect of payment of
the Loan has been impaired.
Sec. 10.2. Remedies on Default Whenever any "event of
default" described in Section 10.1 hereof shall have occurred:
(a) The Bank as agent for the holder of the Bond, or
the holder of the Bond, may. by written notice to the Com-
pany, declare forthwith due and payable the principal of
and interest on the Loan and all other moneys payable
hereunder, whereupon the same will become forthwith due
and payable, without further protest, presentment, notice
or demand, all of which are expressly waived by the
Company.
(b) The Bank as agent for the holder of the Bond, or
the holder of the Bond, or the City, may from time to time
take whatever action at law or in equity may appear neces-
sary or desirable to collect the moneys payable by the Com-
pany hereunder, (whether then due or thereafter to become
due), or to enforce performance and observance of any ob-
ligation, agreement or covenant of the Company under this
Agreement.
Sec. 10.3. No Remedy Exclusive. No remedy herein con-
ferred upon or reserved to the City or the holder of the
Bond or the Bank as agent for the holder of the Bond is
intended to be exclusive of any other available remedy or
remedies, but each and every such remedy shall be cumu-
lative and shall be in addition to every other remedy given
under this Agreement or now or hereafter existing at law
ORDINANCES 328
or in equity or by statute. No delay or omission to exercise
any right or power accruing upon any default shall impair
any such right or power or shall be construed to be a
waiver thereof, but any such right or power may be exer-
cised from time to time and as often as may be deemed
expedient. In order to entitle the City, the holder of the
Bond or the Bank as agent for the holder of the Bond to
exercise any remedy reserved to them in this Article, it
shall not be necessary to give any notice, other than such
notice as may be herein expressly required. Such rights and
remedies as are given the City hereunder shall also extend
to the Bank as agent for the holder of the Bond ; and the
Bank as agent for the holder of the Bond and the holder
of the Bond, subject to the provisions of the Ordinance,
shall be entitled to the benefit of all covenants and agree-
ments herein contained.
Sec. 10.4. Agreement to Pay Attorney's Fees and Ex-
penses. In the event the Company should default under any
of the provisions of this Agreement, and the City or the
Bank as agent for the holder of the Bond or the holder of
the Bond shall hire attorneys or incur other expenses for
the collection of the payments due hereunder or the en-
forcement or performance or observance of any obligation
or agreement on the part of the Company herein contained,
the Company agrees that it will on demand therefor pay to
the City, the Bank as agent for the holder of the Bond,
and the holder of the Bond the reasonable fees of such
attorneys and such other reasonable expenses incurred by
the City, the Bank as agent for the holder of the Bond, or
the holder of the Bond.
Sec. 10.5. No Additional Waiver Implied by One Waiver.
In the event any term, covenant or agreement contained in
this Agreement shall be breached by either party and there-
after waived by the other party, such waiver shall be
limited to the particular breach hereunder.
ARTICLE XI.
Prepayment
Sec. 11.1. Optional Prepayment. The Company shall have
the right upon two Banking Days' prior written notice to
324 ORDINANCES Ord. No. 704
the City and the Bank as agent for the holder of the Bond
and the holder of the Bond, to prepay the moneys due here-
under in whole or in part on any interest payment date,
provided that (i) each partial prepayment shall be in the
amount of $19,000 or a multiple thereof, (ii) interest on
the amount prepaid accrued to the prepayment date, shall
be paid on such prepayment date, and (iii) each partial
prepayment shall be applied to the principal due hereunder
in the inverse order of the installment payment dates. Such
prepayment shall be without premium or penalty unless
such prepayment shall be made on or before March 1, 1979,
in which event a premium in the amount of 3% of the
principal amount to be prepaid shall be charged on such
prepayment.
Sec. 11.2. Mandatory Prepayment. The Company shall be
obligated to prepay the amounts due hereunder if, prior to
the expiration of the Loan Term and prior to the full pay-
ment of the Bond, any of the following shall have occurred:
(a) As a result of any change in the Constitution of
the State of Maryland, or the Constitution of the United
States of America, or of legislative or administrative action
(whether State or federal), this Agreement or the Ordi-
nance shall have become void or unenforceable or impossible
of performance in accordance with the intent and purposes
of the parties as expressed in this Agreement or in the
Ordinance; or
(b) The Company shall, for any reason whatsoever,
discontinue the use and occupancy of the Industrial Build-
ings, or any part thereof, for their intended purposes.
The Company shall, within 10 days following knowledge
by it of any of the events obligating the Company to prepay
the amounts due hereunder, give written notice to the
County, the Bank as agent for the holder of the Bond, and
the holder of the Bond, indicating whether any of the prin-
cipal of or interest on the Bond shall then be unpaid, and
shall specify therein the proposed date of such prepayment,
which date shall be not less than 15 nor more than 45 days
from the date such notice is mailed, and shall make ar-
rangements satisfactory to the Bank as agent for the holder
of the Bond and the holder of the Bond for the prepayment
of the Bond.
ORDINANCES 325
The amount payable by the Company pursuant to the
provisions of this Section shall be the sum of the following
(i) an amount of money which when added to the amount
on deposit with the Bank as agent for the holder of the
Bond for payment of the Bond, if any, will be sufficient to
prepay all the outstanding principal of and accrued and
unpaid interest on the Bond, including all payment ex-
penses; plus (ii) an amount of money equal to the fees and
expenses of the Bank, the fees and expenses of the Bank
as agent for the holder of the Bond, and the fees and ex-
penses of the City, if any, accrued and to accrue until such
final payment of the Bond.
ARTICLE XII.
Miscellaneous
Sec. 12.1. Notices. All notices, certificates or other writ-
ten communications hereunder shall be sufficiently given
and shall be deemed given when mailed by registered mail,
postage prepaid, addressed as follows: if to the City, to the
Deputy Treasurer of the City, City Hall, Baltimore, Mary-
land 21202; if to the Company, to ,
Ansam Metals Corporation, 1026 East Patapsco Avenue,
Baltimore, Maryland 21225; and, if to the Bank as agent
for the holder of the Bond, to The Equitable Trust Com-
pany, Calvert and Fayette Streets, 21203. A duplicate copy
of each notice, certificate or other communication given
hereunder by either the City or the Company to the other
shall also be given to the Bank as agent for the holder of
the Bond. The City, the Company, the Bank as agent for
the holder of the Bond, and the holder of the Bond, may, by
written notice given hereunder, designate any further or
different addresses to which subsequent notices, certificates
or other communications shall be sent.
Sec. 12.2. Expenses. The Company agrees to pay, whether
out of the proceeds of the Loan or other funds, all rea-
sonable expenses of the City, the Bank, the Bond Registrar
(referred to in the Ordinance) and the Bank as agent for
the holder of the Bond (including the fees and expenses of
their counsel) in connection with the issuance of the Bond
and the transactions contemplated hereby, including all
costs of recording and filing (fees and taxes). In addition,
326 ORDINANCES Ord. No. 704
upon notice in writing from the Bank as agent for the
holder of the Bond to the Company that the holder of the
Bond or the Bank as agent for the holder of the Bond has
incurred any tax liability or other expenses resulting from
the imposition by the United States Government of taxes or
other levies in connection with this Agreement other than
taxes heretofore mentioned in Section 11.2, the Company
agrees to pay any and all such taxes or expenses. So long as
the Bank is the holder of the Bond, the Bank as agent for
the holder of the Bond shall not charge a fee for its ordinary
services in such capacity. In no event shall any services or
action rendered or taken by the Bank as agent for the
holder of the Bond occasioned by any event of default here-
under be deemed "ordinary services." During such period
as the Bond, or any part thereof, is held by anyone other
than the Bank, the Company shall pay directly to the Bank
as agent for the holder of the Bond a reasonable fee suffi-
cient to compensate it for its services in such capacity as
agent for the holder of the Bond, and failure to pay such
fee shall be deemed an event of default under this Agree-
ment.
Sec. 12.3. Books and Records. The City, the holder of the
Bond and the Bank as agent for the holder of the Bond, in
the event any of the principal of and interest on the Bond
shall at the time be outstanding and unpaid, may have
access to and inspect, examine, and make copies of the
books and records and any and all accounts, data and in-
come tax and other tax returns of the Company.
Sec. 12.4. Binding Effect. This Agreement shall inure to
the benefit of and shall be binding upon the City, the Com-
pany, and their respective successors and assigns.
SEC. 12.5. Severability. In the event any provision of this
Agreement shall be held invalid or unenforceable by any
court of competent jurisdiction, such holding shall not
invalidate or render unenforceable any other provision
hereof.
Sec. 12.6. Amounts Remaining with Bank. It is agreed by
the parties hereto that any amounts remaining with the
Bank as agent for the holder of the Bond upon expiration
ORDINANCES 327
or sooner termination of the Loan Term, as provided in this
Agreement, after payment in full of the Bond and the fees,
charges and expenses of the Bank, the Bank as agent for
the holder of the Bond and the City and all other expenses
required to be paid under this Agreement, the Deed of
Trust, the Trust Agreement and the Guaranty Agreement,
shall belong to and be paid to the Company by the Bank as
agent for the holder of the Bond as an overpayment of the
amounts due hereunder.
Sec. 12.7. Amendments, Changes and Modifications. Ex-
cept as otherwise provided in this Agreement, subsequent
to the issuance of the Bond and prior to its payment in full,
this Agreement may not be amended, changed, modified,
altered, or terminated without the prior written consent of
the Bank as agent for the holder of the Bond and the holder
of the Bond.
Sec. 12.8. Executed Counterparts. This Agreement may
be executed in several counterparts, each of which shall be
an original and all of which shall constitute but one and the
same instrument.
Sec. 12.9. Indemnification of City and Bank. The Com-
pany shall protect, indemnify, and save harmless the City,
the Bank and the Bank as agent for the holder of the Bond
and their respective officers, employees and agents against
and from any and all liabilities, suits, actions, claims, de-
mands, losses, expenses and costs of every kind and nature
incurred by, or asserted or imposed against, the City, the
Bank, the Bank as agent for the holder of the Bond and
their respective officers, agents or employees, or any of
them, by reason of any accident, injury (including death)
or damage to any person or property, howsoever caused,
resulting from, connected with or growing out of any act
of commission or omission of the Company, or any officers,
employees, agents, assignees, contractors or subcontractors
of the Company, or any use, non-use, possession, occupa-
tion, condition, operation, service, design, construction,
acquisition, maintenance or management of, or on, or in
connection with, the Industrial Buildings or any part
thereof, during the term of this Agreement and regardless
328 ORDINANCES Ord. No. 704
of whether such liabilities, suits, actions, claims, demands,
damages, losses, expenses and costs be against or be suf-
fered or sustained by the City, the Bank, or the Bank as
agent for the holder of the Bond or any of their respective
officers, agents or employees, or be against or be suffered
or sustained by other persons, corporations, or other legal
entities to whom the City, the Bank, or the Bank as agent
for the holder of the Bond or any of their respective officers,
agents or employees may become liable therefor. The City
shall not be liable for any damage or injury occurring
during the term of this Agreement, to the persons or
property of the Company or any of its officers, agents, in-
cluding operating personnel, contractors and employees, or
any other person or entity who or which may be upon the
Industrial Buildings, due to any act or negligence of any
person or entity other than the City, its officers, agents,
servants and employees. The Company may, and if so re-
quested by the City, the Bank, or the Bank as agent for the
holder of the Bond shall, undertake to defend, at its sole
cost and expense, any and all suits, actions or proceedings
brought against the City, the Bank, or the Bank as agent
for the holder of the Bond or any of their respective officers,
agents or employees in connection with any of the matters
mentioned in this Section, provided that the City, the Bank,
or the Bank as agent for the holder of the Bond shall give
the Company timely notice of and shall forward to the Com-
pany every demand, notice, summons or other process re-
ceived with respect to any claim or legal proceedings within
the purview hereof.
Sec. 12.10. Filing. The security interest created herein
and by the Assignment shall be perfected by the filing of
financing statements which fully comply with the Maryland
Uniform Commercial Code — Secured Transactions, in the
office of the Clerk of the Superior Court of Baltimore City,
Maryland, and in the Office of the State Department of As-
sessments and Taxation, in the City of Baltimore, Mary-
land, and by the recording of the Deed of Trust among the
Land Records of Baltimore City, Maryland, to the end that
the rights of the holder of the Bond and the Bank as agent
for the holder of the Bond shall be fully preserved as
against creditors of, or purchasers for value from, the City
or the Company. The parties further agree that all neces-
ORDINANCES 329
sary continuation statements shall be filed within the time
prescribed by the Maryland Uniform Commercial Code —
Secured Transactions, in order to continue the security in-
terest created by this Agreement and the Assignment.
Sec. 12.11. Net Agreement. This Agreement shall be
deemed and construed to be a "net agreement", and the
Company shall repay absolutely net during the Loan Term
all payments required hereunder, free of any deductions,
without abatement deduction or set off.
Sec. 12.12. Law Governing Construction of Agreement.
This Agreement shall be governed by, and construed in ac-
cordance with, the laws of the State of Maryland.
SEC. 12.13. Exculpation for City. Nothing in this Loan
Agreement shall be construed as creating any pecuniary lia-
bility by the City to the Bank as agent for the holder of the
Bond or to the holder of the Bond.
IN WITNESS WHEREOF, MAYOR AND CITY COUN-
CIL OF BALTIMORE, MARYLAND has caused this
Agreement to be executed by the manual signature of its
Mayor, and its corporate seal to be impressed hereon, and
attested by the manual signature of its Deputy Treas-
urer; and ANSAM METALS CORPORATION has caused
this Agreement to be executed by the manual signature of
its , and its corporate seal to be im-
pressed hereon, and attested by its Secretary or its As-
sistant Secretary all being done as of the day and year
first above written. ATTEST:
MAYOR AND CITY COUNCIL OF BALTIMORE.
- By
Deputy Treasurer Mayor
[CITY SEAL] ANSAM METALS CORPORATION
- By
[COMPANY SEAL]
330 ORDINANCES Ord. No. 704
EXHIBIT A
to
Loan Agreement dated as of , 1978
by and between Mayor and City Council of Baltimore
and Ansam Metals Corporation
DESCRIPTION OF INDUSTRIAL BUILDINGS
The construction of the Industrial Buildings, which will
be located at 1026-1028 East Patapsco Avenue, Baltimore,
Maryland, must be carried out in stages so as to cause as
little interference with normal operations as possible.
Initially a two story masonry office building must be built
adjacent to the existing receiving area. Upon completion of
the new office space, that portion of the existing building
now housing the offices must be demolished to make space
required for the construction of a one story masonry
shipping and receiving building addition that will be capa-
ble of holding four trucks. When the truck bays are com-
pleted, a truck scale is to be installed adjacent to the
shipping and receiving building. The new masonry buildings
will have structural steel framing, concrete floors and steel
roof decking.
There presently exists on the property another masonry and
metal siding structure. All portions of buildings that are
metal siding will be concealed behind a facing of concrete
structural "Tees" set vertically and presenting a more
aesthetically pleasing facade and a building more secure
from a burglary standpoint. A twelve foot wide bay must
be removed from three sides of the north end of this
building prior to the installation of the new facing material.
After the above installations are completed, there will be
added to the rear, with connections to both installations, a
warehouse of approximately 34,600 square feet, with either
masonry or processed concrete walls, concrete floors and
steel deck roof on steel structure.
It is anticipated that approximately forty employees will
work at the facility.
The entire Industrial Buildings and appurtenances will
be designed to meet local r.nd state codes and zoning.
ORDINANCES 331
All necessary or required soil tests, grading compaction
tests, and concrete tests will be taken during the entire con-
struction period to insure proper construction methods and
procedures.
The Industrial Buildings will be completed in accordance
with the Plans and Specifications referred to and defined in
the Trust Agreement (as defined in the Loan Agreement to
which this Exhibit A is attached) .
Sec. 12. Be it further ordained, That the Assignment by
which the City assigns to the Bank as agent for the holder
of the Bond all of its right, title and interest in and to,
and remedies under the Loan Agreement and moneys due
and to become due the City thereunder, and all collateral
pledged thereunder, and all of its right, title and interest
in and to and remedies under, the Deed of Trust, shall be
substantially in the following form, and the form, with
such changes therein as the Mayor of the City shall approve
(such approval to be conclusively evidenced by the execu-
tion and delivery of the Assignment by the Mayor of the
City), is hereby adopted by the City as and for the form
and tenor of the obligation to be performed, and the Assign-
ment is hereby made binding upon the City.
FORM OF ASSIGNMENT
ASSIGNMENT
For the benefit of the holder, from time to time, of the
City of Baltimore, Maryland Industrial Development Reve-
nue Bond (Ansam Metals Corporation Project) in the prin-
cipal amount of $750,000 dated as of March 1, 1978 (herein
called the "Bond"), and as security for the due and punctual
payment of the principal of and interest due on the Bond
and as security for the performance by Mayor and City
Council of Baltimore, (herein called the "City"), of any
other obligations under Ordinance No. of the City,
approved by the Mayor of the City on , 1978
(herein called the "Ordinance"), the City hereby pledges
and assigns to The Equitable Trust Company as agent for
the holder of the Bond (in such capacity herein called the
"Assignee"), the following: (a) all right, title and interest
of the City in, to and under that certain Loan Agreement
332 ORDINANCES Ord. No. 704
dated as of the date hereof (herein called the "Loan
Agreement"), between the City and Ansam Metals Cor-
poration, a Maryland corporation (herein called the "Com-
pany"), together with all moneys due and to become due
to the City thereunder (except any payments to be made
to the City pursuant to the fourth literary paragraph of
Section 5.3 of the Loan Agreement and Sections 10.4, 12.2
and 12.9 of the Loan Agreement), and all collateral pledged
from time to time thereunder as security for the loan in
the amount of $750,000 made by the City to the Company
on the date hereof (the "Loan"), which Loan is evidenced
and secured by the Loan Agreement, and all rights and
remedies of the City thereunder, and the City hereby ap-
points the Assignee as agent for the purpose of receiving
and disbursing such moneys due and to become due under
the Loan Agreement, (b) all right, title and interest of
the City in, to and under that certain Deed of Trust dated
as of the date hereof (herein called the "Deed of Trust"),
between the Company and and
, trustees, executed and delivered by the Com-
pany as security for the Loan.
The Assignee shall not by the acceptance of this Assign-
ment be deemed to assume, or in any way to become re-
sponsible for the performance of, any of the duties,
undertakings or obligations of the City under the Loan
Agreement, except as specifically set forth herein.
The Assignee, by the acceptance hereof, hereby agrees
with the City for the benefit of the holder of the Bond as
follows :
A. The Assignee shall receive and hold the rights and
moneys hereby assigned, in trust, for the benefit of the
holder from time to time of the Bond and shall promptly
apply all moneys from time to time received and held by
the Assignee hereunder in the following order of priority:
first, to the payment when due of interest (including ad-
ditional interest, if any), and premium, if any, on the
Bond; second, to the payment when due of principal of
the Bond ; third, to the payment of any additional expenses
as provided in Sections 5.3, 10.4, 12.2 and 12.9 of the Loan
Agreement; and, fourth, as to any balance remaining with
the Assignee upon expiration or earlier termination of the
ORDINANCES 333
Loan Term as described in the Loan Agreement, to the
Company in accordance with the provisions of Section 12.6
of the Loan Agreement. The Assignee further agrees that
it shall enforce, at the direction of the holder of the Bond,
each and every right granted to the City pursuant to the
Loan Agreement and the Deed of Trust, and that nothing
in the aforesaid instruments, or this Assignment, shall
obligate the City to act or refrain from acting under such
instruments, it being understood that the holder of the
Bond shall look solely to the Bank as agent for the holder
of the Bond pursuant to this Assignment for enforcement
of its rights and remedies under the Loan Agreement, the
Deed of Trust, the Bond, and the Guaranty Agreement
referred to in the Loan Agreement.
B. The Assignee accepts this Assignment upon the fol-
lowing express terms and conditions:
1. The Assignee shall not be liable or responsible for
any action taken or omitted by it under this Assignment
or with respect to the Bond, except for its own gross negli-
gence or willful misconduct ;
2. The holder of the Bond (other than the Assignee)
shall indemnify and hold the Assignee harmless against any
cost or expense (including counsel fees) and against any
loss or liability (except such as results from the Assignee's
own gross negligence or misconduct), which the Assignee
may suffer or incur by reason of any action taken or omitted
by the Assignee hereunder;
3. The Assignee shall carry out its duties hereunder in
accordance with the express provisions of this Assignment
and the Loan Agreement, provided that, as to any matters
not expressly provided for, the Assignee may act and re-
frain from acting in its reasonable discretion ; and
4. Nothing in this Assignment shall be construed as
creating any pecuniary liability on the part of the City to
the holder of the Bond.
This Assignment shall constitute a first lien upon the
rights of the City under (a) the Loan Agreement and of
all moneys due and to become due to the City thereunder,
and the collateral pledged thereunder, and (b) the Deed of
Trust, subject to no equal or prior lien or encumbrance of
334 ORDINANCES Ord. No. 704
any nature whatsoever. With respect to the security interest
created hereby, the Assignee shall have all of the rights
and remedies of a secured party under the Maryland Uni-
form Commercial Code.
IN WITNESS WHEREOF, the City has caused this As-
signment to be duly executed by its Mayor by his manual
signature and has caused its official seal to be hereunto
affixed and attested by its Deputy Treasurer by his manual
signature, all as of the day of , 1978.
ATTEST:
MAYOR AND CITY COUNCIL OF BALTIMORE
Deputy Treasurer Mayor
[CITY SEAL]
ACCEPTED:
THE EQUITABLE TRUST COMPANY
ACKNOWLEDGMENT
The undersigned hereby acknowledges receipt of notice
of the foregoing Assignment, and intending to be legally
bound, hereby agrees with the Assignee therein named (1)
to pay directly to the Assignee all moneys due and to become
due from the undersigned under the Loan Agreement re-
ferred to in the Assignment, (2) to perform for the benefit
of the Assignee all of the duties and undertakings of the
undersigned under the Loan Agreement referred to in the
Assignment, and (3) that the Assignee shall not be obli-
gated by reason of the Assignment to perform or be re-
sponsible for the performance of any of the duties, under-
takings or obligations of the County under the Loan
Agreement.
IN WITNESS WHEREOF, the undersigned has caused
this Acknowledgment to be duly executed in its name and
its seal to be hereunto affixed and attested by its duly
authorized officers, all as of the day of , 1978.
ATTEST: ANSAM METALS CORPORATION
- By _ _
ORDINANCES 335
Sec. 13. Be it further ordained, That the Trust Agree-
ment by and between the Company and the Trustees pur-
suant to which the proceeds of the Loan will be deposited
in trust with the Trustees and held, invested and disbursed
by them as therein provided, shall be substantially in the
following form, and the form, with such changes therein
as the Mayor of the City shall approve (such approval to
be conclusively evidenced by the execution of the Trust
Agreement by the Mayor of the City for the limited pur-
pose therein provided), is hereby adopted by the City as
and for the form and tenor of the Trust Agreement.
FORM OF TRUST AGREEMENT
TRUST AGREEMENT
THIS TRUST AGREEMENT is made as of the day
of , 1978, by and between ANSAM METALS
CORPORATION, a Maryland corporation, (the "Company" )
and and ,
Trustees (the "Trustees").
RECITALS
A. Pursuant to, and in accordance with, the authority
set forth in Article 41, Sections 266A through 266-1 of the
Annotated Code of Maryland (1971 Repl. Vol., 1977 Cum.
Supp.), as amended (the "Act"), the Company has received
from Mayor and City Council of Baltimore (the "City"),
a loan in the amount of $750,000 (the "Loan'M evidenced
and secured by a Loan Agreement between the City and
the Company of even date herewith (the "Loan Agree-
ment"), and also secured by a Deed of Trust between the
Company and and ,
Trustees (the "Deed of Trust"). The proceeds of the Loan
will be used to finance the acquisition (as that term is de-
fined in the Act) of certain "industrial buildings" (as that
term is defined in the Act) to be located in the City of
Baltimore (the "Industrial Buildings"), which Industrial
Buildings are more particularly described in Exhibit A at-
tached to and made a part of the Loan Agreement.
B. The City has borrowed the money necessary to ac-
complish the aforesaid financing by issuing, pursuant to the
336 ORDINANCES Ord. No. 704
Act, its City of Baltimore, Maryland Industrial Develop-
ment Revenue Bond (Ansam Metals Corporation Project),
in the principal amount of $750,000 dated as of March 1,
1978 (the "Bond"), which Bond has, on the date of the
delivery hereof, been purchased at par from the City by
The Equitable Trust Company, a Maryland banking cor-
poration (the "Bank").
C. The issuance, sale and delivery of the Bond by the
City has been authorized by the Act and by Ordinance
No. of the City approved by the Mayor of the City
on , 1978 (the "Ordinance").
D. The City has made the Loan, and the Bank has pur-
chased the Bond, upon the condition that this Trust Agree-
ment be executed and delivered to assure the application
of the proceeds of the Loan to the acquisition of the In-
dustrial Buildings, in accordance with the description of
the Industrial Buildings set forth in Exhibit A to the Loan
Agreement.
NOW, THEREFORE, this Trust Agreement witnesses:
1. Completion. The Company covenants and agrees to
complete the acquisition of the Industrial Buildings as de-
scribed in Exhibit A to the Loan Agreement and in ac-
cordance with the plans and specifications prepared by
(the "Architect") heretofore sub-
mitted to and approved by the Bank and by the Depart-
ment of Housing and Community Development (the "Plans
and Specifications") and in accordance with the construc-
tion contract dated between the Com-
pany and (the "General Contractor")
heretofore submitted to and approved by the Bank, on or
before , 19 .
2. Receipt by Trustees. The Trustees have received from
the Company the sum of $750,000 (the "Deposit"), which
sum represents the proceeds from the sale of the Bond, and
have deposited the same to their credit as Trustees in a
special account with the Bank to be held, invested and
paid out by the Trustees as hereinafter provided. The De-
posit shall be disbursed in accordance with the provisions
of paragraphs 5 and 6 of this Trust Agreement and shall
ORDINANCES 337
be made as the acquisition of the Industrial Buildings
progresses.
3. Investment of Deposit. The Deposit shall be invested
by the Trustees as set forth in Section 4.6 of the Loan
Agreement, and any profits of such investment shall be
paid over by the Trustees to the Bank as agent for the
holder of the Bond, and applied by the Bank as agent for the
holder of the Bond, as set forth in such Section 4.6.
4. Costs of Industrial Buildings; Additional Funds.
The Company hereby covenants and agrees with the Trus-
tees for the benefit of the City and the Bank as agent for
the holder of the Bond, that (a) the total costs of the ac-
quisition of the Industrial Buildings shall not exceed the
sum of $1,000,000.00, unless the prior written consent to
exceed such sum is obtained from the Bank as agent for
the holder of the Bond, (b) all costs of the acquisition of
the Industrial Buildings (including all items of cost set
forth in Section 4.3 of the Loan Agreement) in excess of
the undisbursed balance of the Deposit, from time to time,
will be paid by the Company from sources other than the
Loan, free of all liens except the deed of trust, (c) no more
than 75% of the costs of the Industrial Buildings shall be
paid from the proceeds of the Bond. As a condition to
granting its consent to any request that the total costs of the
Industrial Buildings be permitted to exceed $1,000,000.00,
the Bank as agent for the holder of the Bond may require
that the Company deposit with the Trustees a sum of
money equal to the amount by which the total costs of the
Industrial Buildings will exceed $1,000,000.00.
5. Disbursements.
5.1 Not Assignable. The Deposit shall not be as-
signable by the Company nor subject to the process of any
court upon legal action by or against the Company or by
or against anyone claiming under or through it, and for the
purposes of this Agreement, the Deposit shall remain in the
custody of the Trustees until the Company complies with
each and all of the provisions hereof, provided, however,
that nothing herein contained shall be considered as in
anywise modifying, affecting or subordinating the obliga-
tions heretofore given or to be given by the Company as
security for the Loan, and the same shall be and remain in
338 ORDINANCES Ord. No. 704
full force, tenor and effect, this Agreement being intended
only as additional security and protection for the Loan and
to assure its use for the purposes intended by the City, the
Bank as agent for the holder of the Bond and the Company.
5.2 Requisitions. Disbursements by the Trustees
shall be made on requisitions signed by the Authorized
Company Representative referred to in the Loan Agreement,
on behalf of the Company, setting forth (a) the name of
the person, firm or corporation to whom payment is due,
(b) the amount to be paid, and (c) the purpose in reason-
able detail for which the obligation to be paid was incurred.
Each requisition for construction costs shall include the
AIA approved form which shall be signed by the General
Contractor, and approved and signed by an engineer or
inspector representing the Bank, as agent for the holder
of the Bond. Each requisition shall contain the certification
by the Authorized Company Representative referred to in
the Loan Agreement that (a) none of the items for which
funds are being requisitioned has formed the basis for any
disbursement theretofore made by the Trustees hereunder,
(b) each item for which funds are being requisitioned is
necessary in connection with the acquisition of the Indus-
trial Buildings as described in Exhibit A attached to and
made a part of the Loan Agreement, (c) all of the funds
being requisitioned are being used in compliance with Sec-
tion 103(b) (2) of the Internal Revenue Code and Treasury
Regulations thereunder, and that substantially all of such
funds are being used for the acquisition, construction or
installation of land or of property of a character subject to
the allowance for depreciation as prescribed in Section
103(b) (6) (A) of the Internal Revenue Code and the Treas-
ury Regulations thereunder, (d) all items for which funds
have been requisitioned pursuant to prior requisitions have
been paid in full and there are no claims, existing or
threatened, against the Company or any other party with
respect thereto, and (e) the total funds disbursed by the
Trustees from the Deposit pursuant to prior requisitions
plus 75% of the funds being requisitioned by the current
requisition do not exceed 75% of the total funds requi-
sitioned (including those being requisitioned by the current
requisition). No disbursement will be made for any ma-
terials until the same have been delivered and stored at
ORDINANCES 339
the construction site and for which adequate security pre-
cautions and insurance coverage have been provided satis-
factory in all respects to the Bank as agent for the holder
of the Bond. In order to ensure that no more than 75%
of the costs of the Industrial Buildings shall be paid from
the proceeds of the Bond, and that the balance of the costs
of the Industrial Buildings shall be paid by the Company
from funds other than the proceeds of the Bonds, the
Trustees shall disburse no more than 75% of the amount
requisitioned by each requisition. The remaining 25% of
the amount requisitioned shall be paid by the Company
from sources other than the proceeds of the Bond. All dis-
bursements hereunder will be made directly to the Company ;
or, if directed to do so by the Bank as agent for the holder
of the Bond, the Trustees shall make all advances jointly
to the Company and the General Contractor, or jointly to
the Company and any subcontractor, laborer, materialman,
or person furnishing labor, services, or materials used or
to be used in the acquisition of the Industrial Buildings.
The Trustees shall have a period of ten (10) banking days
within which to fund each requisition. Requisitions for
indirect costs (meaning all costs not included in the con-
struction contract between the Company and the General
Contractor) must be approved in writing by the Bank as
agent for the holder of the Bond prior to any disbursement
by the Trustees of any portion of the Deposit for any such
indirect costs.
5.3 Completion of Acquisition. After completion of
the acquisition of the Industrial Buildings and payment of
all costs in connection therewith, any balance remaining in
the Deposit shall be applied by the Trustees as set forth in
the last literary paragraph of Section 4.3 of the Loan
Agreement.
5.4 Liability of the Trustees, the City, the Bank and
the Bank as agent for the holder of the Bond. The Trustees,
the City, the Bank, and the Bank as agent for the holder of
the Bond, shall in no event be responsible or liable to any
person other than the Company for the disbursement of or
failure to disburse the Deposit or any part thereof and
neither the General Contractor nor any subcontractor nor
material supplier shall have any right or claim against the
340 ORDINANCES Ord. No. 704
Bank, the City or the Trustees under this Agreement or
the administration thereof.
6. Conditions Precedent to Disbursements. With each
request for a disbursement hereunder, the Company shall
deliver to the Trustees a requisition covering the disburse-
ment requested meeting the requirements of paragraph 5.2
hereof. The following shall be conditions precedent to each
such disbursement:
(a) the Company shall not be in default in the per-
formance of the terms and provisions of this Agreement or
the Loan Agreement;
(b) there shall be sufficient time in the opinion of
the Bank as agent for the holder of the Bond, to complete
the acquisition of the Industrial Buildings within the period
of time provided in Section 1 hereof; and
(c) all items included in all prior requisitions shall
have been paid in full and there shall be no claims, existing
or threatened, against the Company or any other party with
respect to any such item.
7. Covenants of the Company. The Company represents
and warrants to and covenants with the Trustees for the
benefit of the City and the Bank as agent for the holder of
the Bond, that:
7.1 The Industrial Buildings and the use thereof for
their intended purposes will not violate any zoning or other
ordinance or law or agreement of the Company applicable
to the Industrial Buildings or their use, that the Plans and
Specifications for the acquisition of the Industrial Buildings
have been approved by all governmental authorities having
jurisdiction, and that all necessary building permits have
been obtained or will be obtained.
7.2 The Company will furnish to the Trustees,
upon request, assurances satisfactory to the City and the
Bank that funds necessary to complete the acquisition of
the Industrial Buildings in excess of sums in the Deposit
have been advanced by the Company.
7.3 No changes will be made in the Industrial Build-
ings to be acquired as described in Exhibit A attached to
ORDINANCES 341
and made a part of the Loan Agreement or in the Plans
and Specifications without the prior written approval of
the Bank as agent for the holder of the Bond.
7.4 The Company will pay the fees of any profes-
sional engineer representing the Bank as agent for the
holder of the Bond.
7.5 The Company is, and shall remain, a corporation
organized, existing and in good standing under the laws of
the State of Maryland.
8. Default. Upon the occurrence of an event of default
under this Agreement, the Trustees, at the request of the
Bank as agent for the holder of the Bond, shall apply the
balance of the Deposit then in their hands as provided in
the last literary paragraph of Section 4.3 of the Loan
Agreement. It shall be an event of default under this
Agreement:
(a) if any representation or warranty made by the
Company in this Agreement or in any requisition delivered
pursuant hereto is false, misleading or incorrect in any
respect; or
(b) if the Company shall default in the perform-
ance of any covenant or agreement contained in this Agree-
ment and such default shall continue for 30 days after writ-
ten notice to the Company of the existence of such default;
provided, however, if such default be such that it cannot be
corrected within 30 days, it shall not be a default if the
Company is taking appropriate corrective action to cure
such default and if in the determination of the Bank as
agent for the holder of the Bond, such default does not
impair the security for the Bond.
(c) if the City or the Bank as agent for the holder
of the Bond, shall advise the Trustees that an event of
default has occurred and is continuing under the Loan
Agreement or any other instrument evidencing or securing
the Loan; or
(d) if the Company fails to complete the acquisition
of the Industrial Buildings within the period specified in
Section 1 hereof, time being of the essence; or
342 ORDINANCES Ord. No. 704
(e) if work on the Industrial Buildings stops for a
period of 15 days (except for stoppages caused by strikes,
lockouts, labor disputes, fire, unusual delay in transporta-
tion, unavoidable casualty, weather or Acts of God) or is
not proceeding in a manner reasonably satisfactory to the
Bank as agent for the holder of the Bond, time being of the
essence; or
(f) if the Company makes any assignment for the
benefit of creditors, is adjudicated a bankrupt, or a re-
ceiver is appointed for its assets; or
(g) if the Company shall assign or in any other
manner transfer the Industrial Buildings without the prior
written consent of the Bank and the Trustees; or
(h) if any mechanics' liens are established against
the Industrial Buildings and are not caused to be dis-
charged or bonded against by the Company within 30 days
after it receives notice of the establishment thereof.
9. Miscellaneous.
9.1 Notices. All notices, requests and demands upon
the respective parties hereto shall be deemed to have been
given or made when deposited in the United States mail,
postage prepaid, and addressed as follows:
to the Bank: The Equitable Trust Company
Calvert and Fayette Streets
Baltimore, Maryland 21203
Attn : _...._
to the Company: Ansam Metals Corporation
1026 East Patapsco Avenue
Baltimore, Maryland 21225
Attn: _ .....
to the Trustees: c/o The Equitable Trust Company
Calvert and Fayette Streets
Baltimore, Maryland 21203
9.2 No Waiver; Cumulative Remedies. No failure
by the Bank as agent for the holder of the Bond, or the
Trustees to exercise, and no delay in exercising, any right,
power or privilege under this Agreement shall operate as a
waiver thereof; nor shall any agreement operate as a
waiver thereof; nor shall any partial exercise of any right,
ORDINANCES 343
power or privilege hereunder preclude any other or further
exercise thereof or the exercise of any other right, power or
privilege.
9.3 Regarding the Trustees. The Trustees, by the
acceptance and performance of this trust do not assume
any personal liability, and the Company hereby releases
them and each of them from any such liability, and no
claim shall be made by the Company upon the Trustees for
or on account or any matter or thing in excess of the bal-
ance of the Deposit remaining in their hands and undis-
posed of in accordance with the terms of this Agreement.
Any one or more of the Trustees may act on behalf of all.
The Trustees are hereby empowered by the Company and
the Bank as agent for the holder of the Bond, to deposit the
Deposit with the Bank to be invested according to the pro-
visions of Section 4.6 of the Loan Agreement and to be
disbursed on direction of the Trustees as more fully pro-
vided in this Trust Agreement and the Loan Agreement.
The reasonable fees of the Bank shall be paid by the Com-
pany.
9.4 Survival of Agreements. All agreements, cove-
nants, representations and warranties of the Company made
in this Agreement shall survive the making of the disburse-
ments hereunder.
9.5 Successors. This Agreement shall be binding
upon and inure to the benefit of the Company, the City and
the Bank as agent for the holder of the Bond and the
Trustees, and the Company's successors and assigns and
the Bank's successors and assigns and the City's successors
and assigns and to the surviving Trustees or Trustee and
their or his successors in the trust. In the event of the
death, resignation or incapacity of any Trustee, the re-
maining Trustee or Trustees shall designate a successor
Trustee to such Trustee.
9.6 Counterparts. This Agreement may be executed
in any number of counterparts and each such counterpart
shall be deemed to be an original, and all of which shall con-
stitute but one and the same instrument.
9.7 Applicable Law. This Agreement is made, exe-
cuted and delivered in the State of Maryland and Maryland
344 ORDINANCES Ord. No. 704
law shall govern its interpretation, performance and en-
forcement.
9.8 No Representations and Warranties by Bank as
Agent for the Holder of the Bond. Neither the approval by
the Bank as agent for the holder of the Bond of the Plans
and Specifications, nor any subsequent inspections or ap-
provals of the Industrial Buildings during construction shall
constitute a warranty or representation by the Bank or any
of its agents, representatives or designees, as to the tech-
nical sufficiency, or adequacy or safety of the structure or
any of its component parts, including without limitation,
its fixtures, equipment or furnishings, nor shall such ap-
provals or inspections constitute such a warranty or rep-
resentation as to the subsoil conditions involved in the
project or any other physical condition or feature per-
taining to the Industrial Buildings. All acts, including any
failure to act, relating to the Industrial Buildings by any
agent, representative or designee of the Bank are per-
formed solely for the benefit of the Bank as agent for the
holder of the Bond to assure repayment of the Loan and are
not for the benefit of the Company or the benefit of any
other person. The Company agrees to indemnify the Bank
and the Bank as agent for the holder of the Bond and to
hold it harmless against any loss or expense (including rea-
sonable attorneys' fees) resulting from any and all claims,
actions, settlements, or liability for acts or failure to act in
connection with the Industrial Buildings.
9.9 Definitions. The terms "Acquisition", "acquisi-
tion", "Act", "Authorized Company Representative",
"Bank", "Bank as agent for the holder of the Bond",
"Banking Day", "Bond", "Company", "Deed of Trust",
"Industrial Buildings", "Loan", "Loan Agreement", "Ordi-
nance", and "Trustees", as used herein, shall have the
meanings ascribed thereto in Article I of the Loan Agree-
ment unless the context clearly indicates a contrary
meaning.
IN WITNESS WHEREOF, the parties hereto have
caused this Agreement to be executed, sealed and delivered
as of the day and year first above-written.
ORDINANCES 345
ATTEST: ANSAM METALS CORPORATION
By
(Corporate Seal)
WITNESS: TRUSTEES
_By (SEAL)
as Trustee
.....By (SEAL)
as Trustee
MAYOR AND CITY COUNCIL OF BALTIMORE, joins
in the execution of this Trust Agreement for the sole pur-
pose of evidencing the approval by its Mayor of the final
form thereof, in accordance with Section 13 of the Ordi-
nance referred to therein.
ATTEST:
MAYOR AND CITY COUNCIL OF BALTIMORE
By _
Deputy Treasurer Mayor
Sec. 14. Be it further ordained, That the Deed of Trust
shall be in such form and contain such provisions as the
Mayor of the City shall approve on behalf of the City, such
approval to be conclusively evidenced by the execution of
the Deed of Trust by the Mayor of the City for the limited
purpose of evidencing such approval.
Sec. 15. Be it further ordained, That the Guaranty
Agreement to be executed and delivered by the Company
shall be in such form and contain such provisions as the
Mayor of the City shall approve on behalf of the City, such
approval of the Guaranty Agreement to be conclusively evi-
denced by the execution thereof by the Mayor of the City
for the limited purpose of evidencing such approval.
Sec. 16. Be it further ordained, That the execution and
delivery of the Bond, the Loan Agreement and the Assign-
ment, and the execution of the Trust Agreement (for the
limited purpose of evidencing the approval by the Mayor
of the City of the form and provisions thereof), the Guar-
346 ORDINANCES Ord. No. 704
anty Agreement (for the limited purpose of evidencing the
approval by the Mayor of the City of the form and provi-
sions thereof) , and the Deed of Trust (for the limited pur-
pose of evidencing the approval by the Mayor of the City
of the form and provisions thereof) , and all other documents
necessary to evidence and secure the Bond and the Loan
are hereby authorized. The Loan Agreement, the Assign-
ment, the Trust Agreement, the Guaranty Agreement and
the Deed of Trust shall be executed on behalf of the City
by the Mayor of the City by his manual signature, and the
corporate seal of the City shall be impressed or otherwise
reproduced thereon and attested by the Deputy Treasurer
of the City by his manual signature. The Bond shall be
executed on behalf of the City by the Mayor of the City by
his manual signature, and the corporate seal of the City
shall be impressed or otherwise reproduced thereon and
attested by the Deputy Treasurer of the City by his manual
signature. In case any officer whose signature shall appear
on the Bond or any of the aforesaid documents shall cease
to be such officer before the delivery of the Bond or any of
the other documents aforesaid, such signature shall never-
theless be valid and sufficient for all purposes, the same as
if such officer had remained in office until delivery. The
Mayor, the Deputy Treasurer and other officials of the City
shall do all such acts and things and execute such support-
ing documents and certificates as may be necessary to carry
out and comply with the provisions hereof. Before the exe-
cution and delivery of the Bond by the Mayor to the Bank,
the City shall have received a certificate signed by an officer
of the Bank and satisfactory to counsel for the City stating
that (a) the Bank has purchased the Bond as a commercial
investment and not with a view to redistribute the same to
the general public, and (b) the Bank has not relied upon
the City for or received from the City any information con-
cerning the financial condition of Ansam Metals Corporation.
Sec. 17. Be it further ordained, That the provisions of
this Ordinance are severable, and if any provision, sentence,
clause, section or part thereof is held illegal, invalid or un-
constitutional or inapplicable to any person or circumstances,
such illegality, invalidity or unconstitutionality, or inappli-
cability shall not affect or impair any of the remaining pro-
visions, sentences, clauses, sections, or parts of this Ordi-
ORDINANCES 347
nance or their application to other persons or circumstances.
It is hereby declared to be the legislative intent that this
Ordinance would have been passed if such illegal, invalid
or unconstitutional provision, sentence, clause, section or
part had not been included herein, and if the person or cir-
cumstances to which this Ordinance or any part hereof are
inapplicable had been specifically exempted herefrom.
Sec. 18. Be it further ordained, That this Ordinance
shall take effect from the date of its passage.
Approved April 25, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 705
(Council No. 1572)
An Ordinance authorizing Mayor and City Council of
Baltimore to enter into a Supplemental Agreement with
the Department of Transportation of Maryland for the
purpose of securing (but only to the extent of the exist-
ing obligations of Mayor and City Council of Baltimore
with respect to outstanding County Highway Construc-
tion Bonds issued by the Department of Transportation
of Maryland) the payment of the principal of and interest
on refunding bonds to be issued by the Department of
Transportation of Maryland pursuant to Sections 3-301
to 3-309, inclusive, of the Transportation Article of the
Annotated Code of Maryland (1977 Edition and 1977
Supplement) and Section 24 of Article 31 of the Anno-
tated Code of Maryland (1976 Replacement Volume and
1977 Supplement) to be designated "Department of
Transportation — County Transportation Bonds — First
Issue, Refunding Series 1978", for the purpose of refund-
ing outstanding issues of County Highway Construction
Bonds and County Transportation Bonds issued by the
State Roads Commission of Maryland and the Department
of Transportation of Maryland, in order to realize savings
in the effective costs of debt service to Mayor and City
348 ORDINANCES Ord. No. 705
Council of Baltimore and other participating counties;
and authorizing the officers of Mayor and City Council
of Baltimore to take such further action as may be neces-
sary and proper to consummate the issuance and sale of
such refunding bonds.
Whereas, Mayor and City Council of Baltimore (the
"City") has participated in the proceeds of the sale of cer-
tain issues of County Highway Construction Bonds issued
from time to time by the Department of Transportation of
Maryland (the ''Department"), and in connection there-
with has entered into certain agreements with the Depart-
ment as described in the form of proposed Supplemental
Agreement attached hereto and made a part hereof, for the
purpose of securing the payment of the City's proportionate
share of the principal of and interest payable on such bond
issues ; and
Whereas, the Department has determined that it would
be in the public interest to refund issues of County Highway
Construction Bonds and County Transportation Bonds
heretofore issued by the State Roads Commission of Mary-
land (the "Commission") and the Department and pres-
ently outstanding, for the public purpose of realizing sav-
ings in the effective costs of debt service to the several
counties of the State of Maryland, including Baltimore City,
which have participated from time to time in the proceeds
of such bond issues ; and
Whereas, the Department proposes to issue and sell its
Department of Transportation — County Transportation
Bonds— First Issue, Refunding Series 1978 (the "Refund-
ing Bonds") in an aggregate principal amount which will
be sufficient, together with other funds available therefor,
for the purpose of refunding issues of County Highway
Construction Bonds and County Transportation Bonds
heretofore issued by the Commission and the Department
and presently outstanding, such Refunding Bonds to be
issued pursuant to Sections 3-301 to 3-309, inclusive, of the
Transportation Article of the Annotated Code of Maryland
(1977 Edition and 1977 Supplement) and Section 24 of
Article 31 of the Annotated Code of Maryland (1976
Replacement Volume and 1977 Supplement) ; and
ORDINANCES 349
Whereas, the Department has submitted to the City for
execution a proposed Supplemental Agreement in the form
attached hereto and made a part hereof ; and
Whereas, the City has determined that, in order to
realize savings through a reduction in the effective costs of
debt service, it would be in the public interest to enter into
the proposed Supplemental Agreement with the Depart-
ment, substantially in the form attached hereto and made
a part hereof, for the purpose of securing (but only to the
extent of the City's existing obligations with respect to the
issues of County Highway Construction Bonds to be re-
funded) the payment of the principal of and interest on
the Refunding Bonds; now, therefore, in accordance with
the terms and provisions of the Charter of Mayor and City
Council of Baltimore :
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the proposed Supplemental Agreement
to be entered into between the City and the Department
of Transportation of Maryland, in substantially the form
attached hereto and made a part hereof, be and it is hereby
approved; and that the Mayor is hereby authorized and
directed to execute the proposed Supplemental Agreement
on behalf of the City, in substantially the form attached
hereto and made a part hereof, with such changes and in-
sertions as he shall deem to be in the best interests of the
City, and his execution of the proposed Supplemental
Agreement shall constitute conclusive evidence of his ap-
proval of the final form thereof.
Sec. 2. And be it further ordained, That the Mayor and
the other officers of the City are hereby authorized to take
such other and further action as may be necessary and
proper to consummate the transaction contemplated by the
proposed Supplemental Agreement, including the issu-
ance and sale by the Department of Transportation of
Maryland of the Refunding Bonds referred to in the recitals
hereof.
Sec. 3. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
350 ORDINANCES Ord. No. 705
FORM OF PROPOSED
SUPPLEMENTAL AGREEMENT
THIS SUPPLEMENTAL AGREEMENT is made as of
the fifteenth day of April, 1978 by and between the DE-
PARTMENT OF TRANSPORTATION OF MARYLAND
(the "Department") and MAYOR AND CITY COUNCIL
OF BALTIMORE (the "Participant").
EXPLANATORY STATEMENT
The Participant has entered into certain Agreements
with the State Roads Commission of Maryland (the "Com-
mission") or the Department (as indicated) as more par-
ticularly described in Schedule A attached hereto and made
a part hereof (collectively, the "Agreements"), in connec-
tion with the issuance and sale by the Commission or the
Department (as indicated) of County Highway Construc-
tion Bonds or County Transportation Bonds (as indicated).
The issued and outstanding bonds of issues of County
Highway Construction Bonds and County Transportation
Bonds referred to in Schedule A are herein collectively
called the "Outstanding Bonds".
With respect to each of the Agreements, and the Out-
standing Bonds to which it relates, the Department has,
in accordance with such Agreement, on its books a separate
account designated as a sinking fund for the security of
the issue of Outstanding Bonds for which it was estab-
lished. Each of the Agreements provides, among other
things, that the Comptroller of the State of Maryland
shall, during each fiscal year, beginning with the fiscal year
in which the Outstanding Bonds of the particular issue
were issued, withhold from State revenues (Highway User
Revenues with respect to Agreements executed on or after
June 1, 1970) allocated to, or held for the credit of the
Participant under Section 34 (Section 38 A with respect to
Agreements executed on or after July 1, 1971) of Article
89B of the Annotated Code of Maryland, as in effect from
time to time, after providing for sinking fund require-
ments for prior issues of County Highway Construction
Bonds, an amount equal to the Participant's share of the
principal of and interest on the particular issue of the
ORDINANCES 351
Outstanding Bonds in the current and next succeeding
fiscal year.
The Department has determined that it would be in the
public interest to refund issues of County Highway Con-
struction Bonds and County Transportation Bonds issued
from time to time by the Commission or the Department
and which are outstanding as of the date hereof, including
the Outstanding Bonds (collectively, the "Aggregate Out-
standing Bonds"), for the public purpose of realizing sav-
ings in the effective costs of debt service to the several
counties of the State of Maryland, including Baltimore
City, which have participated from time to time in the
proceeds of any of the Aggregate Outstanding Bonds.
The Department proposes to issue and sell its Depart-
ment of Transportation — County Transportation Bonds —
First Issue, Refunding Series 1978 (the "Refunding
Bonds") in an aggregate principal amount which will be
sufficient, together with any other funds available therefor,
for the purpose of refunding the Aggregate Outstanding
Bonds (except as provided in the last literary paragraph
of Section 2 of this Supplemental Agreement). The Re-
funding Bonds will be issued pursuant to Sections 3-101 to
3-102, inclusive, and Sections 3-301 to 3-309, inclusive, of
the Transportation Article of the Annotated Code of Mary-
land (1977 Edition and 1977 Supplement), and Section 24
of Article 31 of the Annotated Code of Maryland (1976
Replacement Volume and 1977 Supplement).
This Supplemental Agreement is entered into for the
purpose of securing, to the extent of the Participant's
obligations under the Agreements with respect to the Out-
standing Bonds, the payment of the debt service on the
Refunding Bonds.
AGREEMENTS
In consideration of the premises and in accordance with
applicable law, the parties hereto agree as follows:
1. The Refunding Bonds. Subject to the reservations
set forth below, as soon as practicable after the date hereof
(unless the Refunding Bonds are sold subject to the execu-
tion of this Supplemental Agreement), the Department
will sell the Refunding Bonds in an aggregate principal
352 ORDINANCES Ord. No. 705
amount sufficient, together with any other funds available
therefor, to refund the Aggregate Outstanding Bonds (ex-
cept as provided in the last literary paragraph of Section
2 hereof) ; provided, however, that the Department may
adjust the aggregate principal amount of the Refunding
Bonds if the Department determines, in its discretion, that
such an adjustment is appropriate in order to accomplish
the purposes of this Supplemental Agreement.
The Refunding Bonds shall be dated as of a date to be
determined by the Department, shall bear interest payable
semi-annually accounting from the date of the Bonds, shall
mature within fifteen (15) years after the date of their
issue, shall bear interest at the rate or rates agreed upon
by the purchasers of the Refunding Bonds and the Secre-
tary of Transportation of Maryland and may be subject to
prior redemption by the Department in the circumstances
and at the prices specified by it prior to issuance thereof
and subject to the provisions of this Supplemental Agree-
ment.
The obligation of the Department to issue any of the
Refunding Bonds is subject to its absolute discretion to
determine when and under what conditions the Refunding
Bonds shall be issued, the form and contents thereof and
of any official statement issued with respect thereto. The
Department may, in its absolute discretion, determine not
to issue and sell the Refunding Bonds. It is the purpose of
these reservations that this Supplemental Agreement is at
all times subject to the paramount need for preserving the
credit of the Department and the security of the Refunding
Bonds and to the requirement that the refunding of the
Aggregate Outstanding Bonds will realize savings in the
effective costs of debt service to the several counties of the
State of Maryland, including Baltimore City, which have
participated from time to time in the proceeds of any of
the Aggregate Outstanding Bonds.
2. Use of Proceeds. In the event that the Refunding
Bonds are issued, then promptly after settlement therefor
and delivery thereof, the Department will cause the pro-
ceeds to be applied as follows :
(a) there shall first be deducted from the proceeds and
credited to the Sinking Fund hereinafter provided for all
ORDINANCES 353
monies received from the purchaser of the Refunding
Bonds on account of accrued interest and premium, if any ;
(b) from the remainder there shall be paid all expenses
incurred by the Department in connection with effecting
the issuance of the Refunding Bonds, including, but not
limited to, expenses of printing, advertising, delivery, and
financial, administrative and legal fees ;
(c) the balance of the proceeds, together with any
other funds available therefor, shall be used by the Depart-
ment to purchase direct obligations of the United States
of America (the "Government Obligations"), to be held in
trust by an escrow agent designated by the Department
(the "Escrow Agent"). The Government Obligations will
mature at such time and in such amounts, and will bear
interest payable at such times, and in such amounts, so
that sufficient moneys will be available to pay, when due,
all principal of and premium, if any, and interest on the
Aggregate Outstanding Bonds (except as provided in the
last literary paragraph of this Section) to and including
their respective maturities or dates of redemption. The
Escrow Agent will apply the maturing principal of and the
interest on the Government Obligations to the payment of
the Aggregate Outstanding Bonds. Upon the issuance of
the Refunding Bonds, adequate and complete provision will
have been made for the timely payment of the principal of
and interest on the Aggregate Outstanding Bonds.
The Department may, in its discretion, determine that
such adequate and complete provision for certain issues of
the Aggregate Outstanding Bonds will be made from any
other available funds other than the proceeds of the Re-
funding Bonds.
3. Sinking Fund. The Department will establish on its
books a separate account designated "County Transporta-
tion Bonds — First Issue, Refunding Series 1978 Sinking
Fund", or other appropriate designation, (the "Sinking
Fund"), to which will be credited any accrued interest and
premium received upon settlement for the Refunding
Bonds. The Department will cause the Comptroller of the
State of Maryland to credit to the Sinking Fund the
amounts withheld by him from distribution to the Partici-
pant as provided below.
354 ORDINANCES Ord. No. 705
The Comptroller shall withhold, during each fiscal year,
from Highway User Revenues allocated to, or held for the
credit of, the Participant under Sections 8-401 to 8-413,
inclusive, of the Transportation Article of the Annotated
Code of Maryland, an amount which is at least equal to the
Participants proportionate share of the debt service payable
on the Refunding Bonds by the Department in the current
fiscal year and in the next succeeding fiscal year (the
"Participant's Refunding Bonds Debt Service Require-
ment") ; provided, however, that the amount so withheld
during each fiscal year shall not in any event exceed the
Participant's proportionate share of the debt service pay-
able on the Outstanding Bonds in the current fiscal year
and in the next succeeding fiscal year, as though the Out-
standing Bonds had not been refunded (the "Participant's
Outstanding Bonds Debt Service Requirement"). All funds
so allocated to, or held for the credit of the Participant
shall be so withheld until an amount which is at least
equal to the Participant's Refunding Bonds Debt Service
Requirement, but not to exceed the Participant's Outstand-
ing Bonds Debt Service Requirement, shall have been accu-
mulated. In each fiscal year (or in the discretion of the
Department, in the six-month period immediately preceding
the beginning thereof) the Comptroller shall withhold
from the funds allocated to or held for the credit of the
Participant, the amount necessary to maintain in the Sink-
ing Fund (exclusive of interest and increment, if any, on
investments) an amount which is at least equal to the
Participant's Refunding Bonds Debt Service Requirement,
but not to exceed the Participant's Outstanding Bonds Debt
Service Requirement. The debt service payable on the Re-
funding Bonds by the Department may include or be
limited to sinking fund deposits to be made by the Depart-
ment to the Sinking Fund. The amounts of such sinking
fund deposits shall be established in the Resolution adopted
by the Secretary of Transportation authorizing the issu-
ance and sale of the Refunding Bonds and determining
other matters in connection therewith (the "Resolution").
The Participant hereby authorizes the Department to
cause to be transferred to the Sinking Fund sums on de-
posit in sinking funds established by the Commission or
the Department in connection with any of the Outstanding
Bonds to the extent that the Department determines such
ORDINANCES 356
a transfer necessary in order to accomplish the purposes
of this Supplemental Agreement.
In the event the Participant shall elect to pay its propor-
tionate share of debt service, as set forth above, from the
proceeds of taxes to be levied by it directly, the Partici-
pant shall notify the Comptroller, in writing, not later than
the first day of January in the calendar year in which the
Participant proposes to make such payments and, upon re-
ceipt of such notice, the Comptroller shall not withhold in
accordance with Section 3 hereof any of the Highway User
Revenues allocated to or held for the credit of the Partici-
pant after the first day of July in such year, unless and
until the Comptroller shall receive further written notice
from the Participant so to withhold, or unless and until the
Comptroller shall receive written notice from the Depart-
ment that the Participant has failed to make the necessary
deposit into the Sinking Fund, at the times and in the
amounts necessary to maintain it. This paragraph is in-
tended to implement, and shall be construed so as to imple-
ment, Section 3-307 (b)(4) of the Transportation Article
of the Annotated Code of Maryland.
All payments on account of debt service payable on the
Refunding Bonds by the Department shall be made by the
State Treasurer from the Sinking Fund as provided in
Section 3-307 of the Transportation Article of the Anno-
tated Code of Maryland upon warrants of the Comptroller
as requested by the Department. The Department shall
keep accurate records of the total deposits and disburse-
ments credited and charged to the Sinking Fund, and of
the deposits and disbursements made on behalf of the
Participant.
In the event deposits to the Sinking Fund shall be con-
tinuously made as herein provided, the authority to with-
hold hereby conferred on the Comptroller shall terminate
not later than the end of the fiscal year next preceding the
fiscal year of the final maturity of the Outstanding Bonds
(as though they had not been refunded) .
The Department shall have the right from time to time,
in its discretion, to invest any and all monies credited to
the Sinking Fund as provided in the Resolution. Any
profit realized from such investment shall be credited to
356 ORDINANCES Ord. No. 705
the Sinking Fund and any loss resulting from such invest-
ment shall be charged to the Sinking Fund.
Unless the Participant shall have previously exercised
its option to terminate under Section 4 hereof, the Partici-
pant shall be entitled to reimbursement of its proportionate
share of any balance (after payment of all paying agent
and bond registrar fees) remaining in the Sinking Fund,
after all of the Refunding Bonds, and the coupons attached
thereto, shall have matured and been paid, or provision
made for such payment.
4. Redemption and Termination. If, in the issuance of
the Refunding Bonds, the Department shall reserve the
right to redeem the Refunding Bonds in whole or in part
at a price in excess of par, it shall not thereafter obligate
or commit any funds of the Participant in the Sinking Fund
or elsewhere, in the exercise of such right without the
prior written consent of the Participant. However, the Par-
ticipant may, in its discretion, terminate at any time its
entire liability hereunder and the withholding provided for
in Section 3 hereof by serving written notice of termination
of this Supplemental Agreement upon the Department,
accompanied by a certified or bank cashier's check drawn
to the order of the Treasurer of the State of Maryland in an
amount determined by the Department to be equal to the
Participant's share of the principal then due or to become
due on the Outstanding Bonds (as though they had not been
refunded) until the final maturity thereof, plus the Par-
ticipant's share of the interest due or to become due on the
Outstanding Bonds (as though they have not been refunded)
until their respective maturities, less the sum of the Par-
ticipant's proportionate share of debt service accumulated
in the Sinking Fund, and the Participant's share of funds
held by the Treasurer for the payment of the Refunding
Bonds and coupons which are then due, but which have not,
at the date of such termination, been presented for pay-
ment. The sum so tendered by the Participant shall be re-
corded on the books of the State Treasury Department as
a separate account and shall be invested by the Treasurer
in the same manner as is above provided for the invest-
ment of monies in the Sinking Fund. Simultaneously with
making deposits to the Sinking Fund in accordance with
Section 3 hereof, the Comptroller shall cause to be with-
ORDINANCES 357
drawn from the separate account and credited to the Sink-
ing Fund an amount which is at least equal to the Partici-
pant's Refunding Bond Debt Service Requirement. Any
balance in the account, after the final principal and interest
payment on account of the Refunding Bonds has been
made, shall be paid to the Participant. If, after termination,
the Department shall elect to redeem the Refunding Bonds
in whole or in part, in accordance with the provisions
thereof, the separate account may be charged with so much
as may be necessary of the Participant's proportionate
share of the redemption price paid.
5. Other Covenants and Representations by the Partici-
pant. The Participant further covenants and represents as
follows:
(a) except as provided in Section 3 above there are
no liens upon, or pledges of, the Participant's share of High-
way User Revenues allocated to, or held for the credit of,
the Participant under Sections 8-401 to 8-413, inclusive, of
the Transportation Article of the Annotated Code of Mary-
land prior or superior to the withholding for Sinking Fund
purposes herein agreed to, which impair or interfere with
the withholdings ;
(b) the Participant will not pledge any such revenues
nor create or permit the creation of any liens thereon prior,
superior, or equal to the commitments made by it here-
under, and will not do or suffer to be done any act or thing
which will impair or interfere with the security of the
Refunding Bonds or which will impair or interfere with
its ability or the ability of the Department, the Comp-
troller and the Treasurer to perform in accordance with
the Agreements and this Supplemental Agreement ;
(c) the Participant has covenanted, in each of the
Agreements, that it will, in each fiscal year, levy ad valorem
taxes upon all property within its jurisdiction subject to
assessment for taxation at such rates as will be sufficient
for it to collect in tax revenue a minimum of one dollar per
capita of population, and that it will certify its annual tax
levy in each year to the Comptroller, it being the intent
and purpose of such covenants to insure that the Partici-
pant will not impair its other covenants under the Agree-
ments and this Supplemental Agreement by failure to
358 ORDINANCES Ord. No. 705
comply with the applicable provisions of Sections 8-401
to 8-413, inclusive, of the Transportation Article of the
Annotated Code of Maryland ; and
(d) by the issuance of the Refunding Bonds by the
Department, no debt limit or referendum requirements
will be exceeded or violated and the Participant's involve-
ment in such bond issue will not require approval by its
qualified voters.
6. Agreements for Benefit of Bondholders. It is hereby
agreed that the provisions of the Agreements and of this
Supplemental Agreement shall and are intended to be for
the benefit and security of the bona fide holders from time
to time of the Refunding Bonds and coupons attached
thereto and that the covenants therein and herein con-
tained shall be enforceable by such holders to the same ex-
tent as though they were parties to the Agreements and to
this Supplemental Agreement.
7. Validity. It is hereby agreed that the parties hereto
will take all action within their respective delegated pow-
ers to assure the legal validity of this Supplemental Agree-
ment and of the Refunding Bonds and that, in the event
further legislation by the General Assembly of Maryland
should at any time be deemed necessary to assure such
validity, they will use their best efforts to obtain the pas-
sage of such legislation.
8. Approval. This Supplemental Agreement shall be-
come effective when duly authorized and executed by both
parties hereto. Approval by the Board of Public Works of
the State of Maryland of the issuance by the Department
of the Refunding Bonds is necessary prior to the sale
thereof.
9. Effect Upon Prior Agreements. The Agreements, by
their terms, do not expressly provide for the issuance and
sale by the Department of refunding bonds for the purpose
of refunding the Outstanding Bonds. Accordingly, the Par-
ticipant and the Department intend, by the execution of
this Supplemental Agreement, to provide that all of the
covenants and agreements set forth in the Agreements for
the security of the Outstanding Bonds shall be deemed to
ORDINANCES
359
secure the Refunding Bonds, the proceeds of which will be
used, together with any other funds available therefor, to
refund the Outstanding Bonds as herein provided (except
to the extent provided in the last literary paragraph of
Section 2 hereof), resulting in savings in the effective costs
of debt service on the Outstanding Bonds to the Partici-
pant. Nothing herein contained shall be construed to (a)
relieve the Participant from any of its obligations under
the Agreements, except to the extent herein provided, or
(b) alter, modify or supersede the Agreements pertaining
to the Outstanding Bonds, but the provisions hereof shall
be supplemental and cumulative to all of the Agreements.
IN WITNESS WHEREOF the parties hereto have set
their hands and seals as of the day and year first above
written.
Department of Transportation of Maryland
By
Witness
[SEAL]
Witness :
[SEAL]
Secretary
Mayor and City Council of Baltimore
By
Mayor
Approved As To Form And Legal
Sufficiency This Day of ,
1978.
By
Assistant Attorney General
Counsel to the Department of
Transportation
360 ORDINANCES Ord. No. 705
Approved As To Form And Legal
Sufficiency This Day of ,
1978.
By
City Solicitor
SCHEDULE A
MAYOR AND CITY COUNCIL OF BALTIMORE
(a) Agreement executed as of the 1st day of July, 1971
by and between the Participant and the Department, pur-
suant to Section 211G-1 of Article 89B of the Annotated
Code of Maryland, as then in effect, for the purpose of secur-
ing the payment of the Participant's proportionate share of
the principal of and interest on $28,350,000 Department of
Transportation — County Highway Construction Bonds —
Second Issue, Second Series, dated December 1, 1971. The
Participant participated in the proceeds of such County
Highway Construction Bonds to the extent of $23,000,000.
(b) Agreement executed as of the 1st day of July, 1972
by and between the Participant and the Department, pur-
suant to Section 211G-1 of Article 89B of the Annotated
Code of Maryland, as then in effect, for the purpose of secur-
ing the payment of the Participant's proportionate share of
the principal of and interest on $45,685,000 Department of
Transportation — County Highway Construction "Bonds —
Second Issue, Third Series, dated September 1, 1972. The
Participant participated in the proceeds of such County
Highway Construction Bonds to the extent of $40,000,000.
(c) Agreement executed as of the 1st day of July, 1973
by and between the Participant and the Department, pursu-
ant to Section 211G-1 of Article 89B of the Annotated
Code of Maryland, as then in effect, for the purpose of secur-
ing the payment of the Participant's proportionate share of
the principal of and interest on $47,150,000 Department of
Transportation — County Highway Construction Bonds —
Second Issue, Fourth Series, dated December 1, 1973. The
Participant participated in the proceeds of such County
Highway Construction Bonds to the extent of $40,000,000.
(d) Agreement executed as of the 1st day of July, 1974
by and between the Participant and the Department, pursu-
ORDINANCES 361
ant to Section 211G-1 of Article 89B of the Annotated Code
of Maryland, as then in effect, for the purpose of securing
the payment of the Participant's proportionate share of
the principal of and interest on $44,150,000 Department of
Transportation — County Highway Construction Bonds —
Second Issue, Fifth Series, dated November 1, 1974. The
Participant participated in the proceeds of such County
Highway Construction Bonds to the extent of $40,000,000.
Approved April 26, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 706
(Council No. 1350)
An Ordinance to amend Sheet No. 68 of the Zoning District
Maps of Article 30 of the Baltimore City Code (1966 Edi-
tion), title "Zoning", (Ordinance No. 1051, approved
April 20, 1971) by changing from the B-2-2 Zoning
District to the R-8-P Zoning District the property bounded
on the south by Elliott Street, on the Southwest by Boston
Street, on the west by Lakewood Avenue, on the north
by an irregular line running from Lakewood Avenue
easterly approximately 110 to 310 feet north of Elliott
Street, and on the east by an irregular line running from
Elliott Street northerly approximately 0 to 570 feet west
of Curley Street, as outlined in red on the AMENDED
plats accompanying this ordinance: by changing from
the M-2-2 Zoning District to the R-8-P Zoning District
the property bounded on the south and southwest by
Boston Street, on the west by the point of intersection
of Elliott and Boston Streets, on the north by an ir-
regular line running from Decker Street AVENUE
westerly approximately 0 to 400 feet south of Elliott
Street, and on the east by an irregular line running
southerly from Elliott Street approximately 0 to 200
feet west of Decker Street, AVENUE, as outlined in
purple on the AMENDED plats accompanying this ordi-
nance; by changing from the B-2-2 Zoning District to
362 ORDINANCES Ord. No. 706
the R-8-P Zoning District the property at the northwest
corner of the intersection of Boston Street and Elhvood
Avenue, as outlined in red on the AMENDED plats ac-
companying this ordinance: by changing from the R-8
Zoning District to the R-8-P Zoning District the prop-
erty bounded on the south by an irregular line running
from East Street AVENUE westerly approximately 0
to 180 feet north of Boston Street, on the west by an
irregular line running from Boston Street northerly ap-
proximately 90 to 380 feet east of Potomac Street, on
the north by an irregular line running from East Street
AVENUE westerly approximately 100 to 350 feet south
of Elliott Street, and on the east by an irregular line
running from Boston Street northerly approximately 0 to
370 feet west of East Street, AVENUE, as outlined in
green on the AMENDED plats accompanying this ordi-
nance: by changing from the B-2-2 Zoning District to
the R-8-P Zoning District the property bounded on the
south by »» irregular Ime running from East Street
easterly approximately 0 te 4$0 feet north e£ Boston
Street, e» the west fey East Street, e» the north fey a»
irregular line running from East Street easterly approxi
matoly 0 to 200 feet south ef Toono Street, a«4 e» fcfee
east fey a» irregular fee running from Toono Street
southerly approximately O to 250 feet west ef Highland
Avenue, BOSTON STREET, ON THE WEST BY EAST
AVENUE, ON THE NORTH BY TOONE STREET,
AND ON THE EAST BY CLINTON STREET as out-
lined in red on the AMENDED plats accompanying this
ordinances BY CHANGING FROM THE B-2-2 ZON-
ING DISTRICT TO THE M-l-2 ZONING DISTRICT
THE PROPERTY BOUNDED ON THE SOUTH BY
AN IRREGULAR LINE RUNNING FROM CLINTON
STREET EASTERLY APPROXIMATELY 0 TO 190
FT. NORTH OF BOSTON ST, ON THE WEST BY
CLINTON ST., ON THE NORTH BY AN IRREGU-
LAR LINE RUNNING FROM CLINTON ST. EAST-
ERLY APPROXIMATELY 130 TO 200 FT. SOUTH
OF TOONE ST, AND ON THE EAST BY AN IR-
REGULAR LINE RUNNING FROM TOONE ST.
SOUTHERLY APPROXIMATELY 0 TO 120 FT. WEST
OF HIGHLAND AVE, AS OUTLINED IN BLUE ON
THE AMENDED PLATS ACCOMPANYING THIS
ORDINANCES 363
ORDINANCE and by changing from the M-2-2 Zoning
District to the R 8 P M-l-2 Zoning District the property
bounded on the south by an irregular line running west-
erly from Highland Avenue approximately 70 to 80 feet
north of Boston Street, on the west by a line running
northerly from a point approximately 70 feet north of
Boston Street approximately 110 feet east of Clinton
Street, on the north by a line running westerly from
Highland Avenue approximately 300 feet south of Toone
Street, and on the east by Highland Avenue, as outlined
in purple GOLD on the AMENDED plats accompanying
this ordinance.
SECTION 1. Be it ordained by the Mayor and City Council
of Baltimore, That Sheet No. 68 of the Zoning District Maps
of Article 30 of the Baltimore City Code (1966 Edition),
Title "Zoning", (Ordinance No. 1051 approved April 20,
1971) be and it is hereby amended by changing from the
B-2-2 Zoning District to the R-8-P Zoning District the
property bounded on the south by Elliott Street, on the
southwest by Boston Street, on the west by Lakewood
Avenue, on the north by an irregular line running from
Lakewood Avenue easterly approximately 110 to 310 feet
north of Elliott Street, and on the east by an irregular line
running from Elliott Street northerly approximately 0 to
570 feet west of Curley Street, as outlined in red on the
AMENDED plats accompanying this ordinance; by chang-
ing from the M-2-2 Zoning District to the R-8-P Zoning
District the property bounded on the south and southwest
by Boston Street, on the west by the point of intersection
of Elliott and Boston Streets, on the north by an irregular
line running from Decker Street AVENUE westerly ap-
proximately 0 to 400 feet south of Elliott Street, and on
the east by an irregular line running southerly from Elliott
Street approximately 0 to 200 feet west of Decker Street,
AVENUE as outlined in purple on the AMENDED plats
accompanying this ordinance;
by changing from the B-2-2 Zoning District to the
R-8-P Zoning District the property at the northwest
corner of the intersection of Boston Street and Ellwood
Avenue, as outlined in red on the AMENDED plats accom-
panying this ordinance; by changing from the R-8 Zoning
District to the R-8-P Zoning District the property bounded
364 ORDINANCES Ord. No. 706
on the south by an irregular line running from East Street
AVENUE westerly approximately 0 to 180 feet north of
Boston Street, on the west by an irregular line running
from Boston Street, on the west by an irregular line run-
ning from Boston Street northerly approximately 90 to
380 feet east of Potomac Street, on the north by an ir-
regular line running from East Street AVENUE westerly
approximately 100 to 350 feet south of Elliott Street, and
on the east by an irregular line running from Boston Street
northerly approximately 0 to 370 feet west of East Street,
AVENUE, as outlined in green on the AMENDED plats
accompanying this ordinance;
by changing from the B-2-2 Zoning District to the
R-8-P Zoning District the property bounded on the south
by an irregular line running Im» East Street easterly
approximately 0 te 400 feet north e£ Boston Street, en the
west by East Street, en the north by an irregular line *tm-
ning from East Street easterly approximately 0 te 200 feet
couth el Toono Street, an4 en the east fey an irregular line
punning from Toone Street southerly approximately 0 te
2m feet west el Highland Avenue, BOSTON STREET,
ON THE WEST BY EAST AVENUE, ON THE NORTH
BY TOONE STREET, AND ON THE EAST BY CLIN-
TON STREET as outlined in red on the AMENDED plats
accompanying this ordinance; BY CHANGING FROM
THE B-2-2 ZONING DISTRICT TO THE M-l-2 ZON-
ING DISTRICT THE PROPERTY BOUNDED ON THE
SOUTH BY AN IRREGULAR LINE RUNNING FROM
CLINTON STREET EASTERLY APPROXIMATELY 0
TO 190 FT. NORTH OF BOSTON STREET, ON THE
WEST BY CLINTON ST., ON THE NORTH BY AN
IRREGULAR LINE RUNNING FROM CLINTON ST.
EASTERLY APPROXIMATELY 130 TO 200 FT. SOUTH
OF TOONE ST., AND ON THE EAST BY AN IRREG-
ULAR LINE RUNNING FROM TOONE ST. SOUTH-
ERLY APPROXIMATELY 0 TO 120 FT. WEST OF
HIGHLAND AVE., AS OUTLINED IN BLUE ON THE
AMENDED PLATS ACCOMPANYING THIS ORDI-
NANCE and by changing from the M-2-2 Zoning District
to the R 8 P M-l-2 Zoning District the property bounded
on the south by an irregular line running westerly from
Highland Avenue approximately 70 to 80 feet north of
Boston Street, on the west by a line running northerly from
ORDINANCES 365
a point approximately 70 feet north of Boston Street
approximately 110 feet east of Clinton Street, on the north
by a line running westerly from Highland Avenue approxi-
mately 300 feet south of Toone Street, and on the east
by Highland Avenue, as outlined in purple GOLD on the
AMENDED plats accompanying this ordinance.
SEC. 2. And be it further ordained, That this ordinance
shall take effect thirty days from the date of its passage.
Approved April 28, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 707
(Council No. 1440)
An Ordinance authorizing the Mayor and City Council of
Baltimore to sell at either public or private sale in ac-
cordance with Article V, Section 5(b) of the City Charter,
all of the interest of the Mayor and City Council of
Baltimore in and to that parcel of land and improvements
known as No. 2721 Rayner Avenue, Baltimore, Maryland,
said property being no longer needed for public use.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the Comptroller of Baltimore City be
and he is hereby authorized to sell at either public or
private sale in accordance with Article V, Section 5(b)
of the City Charter, all of the interest of the Mayor and
City Council of Baltimore in and to that parcel of land
situate in Baltimore, Maryland, and described as follows:
BEGINNING for the same at the point formed by the
intersection of the south side of Rayner Avenue, as now
laid out 66 feet wide, and the west side of Ashburton Street,
as now laid out 66 feet wide in accordance with Ordinance
No. 492, approved November 16, 1925, authorizing the
acquisition of properties by purchase or condemnation for
the opening of Ashburton Street, and running thence bind-
ing on the west side of said Ashburton Street, South 02°-
366 ORDINANCES Ord. No. 708
22'-00" East 130.0 feet to the north side of a 17.75 foot alley ;
thence binding on the north side of said alley and reversely
on part of the second line of the first parcel of land con-
veyed by the Fidelity Trust Company and George A. Foos
to the Mayor and City Council of Baltimore by deed dated
July 29, 1930 and recorded among the Land Records of
Baltimore City in Liber S.C.L. No. 5146, Folio 244, to the
beginning thereof, Westerly 3.70 feet; thence binding re-
versely on the first line of the first parcel of land as de-
scribed in said deed, Northerly 130 feet to the south side
of said Rayner Avenue and thence binding on the south
side of said Rayner Avenue, and reversely on part of the
last line of the first parcel of land described in said deed,
Easterly 4.33 feet to the place of beginning. Containing
522.0 square feet or 0.012 acre of land, more or less. The
improvements thereon being known as No. 2721 Rayner
Avenue.
Said property being no longer needed for public use.
SEC. 2. Be it further ordained, That no deed or deeds
shall pass in accordance herewith until the same shall
have been first approved by the City Solicitor.
SEC. 3. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved April 28, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 708
(Council No. 1292)
An Ordinance to amend Sheet No. 35 of the Zoning District
Maps of Article 30 of the Baltimore City Code (1966
Edition), title "Zoning/' (Ordinance No. 1061, approved
April 20, 1971) by changing from the R-9 Zoning Dis-
trict to the B-2-2 Zoning District the properties generally
known as 2701 and 2703 Miles Avenue, as outlined in
red on the plats accompanying this ordinance.
ORDINANCES 367
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That Sheet No. 35 of the Zoning District
Maps of Article 30 of the Baltimore City Code (1966 Edi-
tion), title "Zoning," (Ordinance No. 1061, approved April
20, 1971) be and they are hereby amended by changing
from the R-9 Zoning District to the B-2-2 Zoning District
the properties generally known as 2701 and 2703 Miles
Avenue, as outlined in red on the plats accompanying this
ordinance.
Sec. 2. And be it further ordained, That upon passage
of this ordinance by the City Council as evidence of the
authenticity of the plat which is a part hereof and in order
to give notice to the departments which are administering
the Zoning Ordinance, the President of the City Council
shall sign the plat and when the Mayor approves the ordi-
nance, he shall sign the plat. The City Treasurer shall then
transmit a copy of the ordinance and one of the plats to
the following: the Board of Municipal and Zoning Appeals,
the Planning Commission, the Commissioner of the Depart-
ment of Housing and Community Development and the
Zoning Administrator.
Sec. 3. And be it further ordained, That this ordinance
shall take effect thirty days from the date of its passage.
Approved May 8, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 709
(Council No. 422)
An Ordinance to add new Section 14A to Article 1 of the
Baltimore City Code (1966 Edition), title "Mayor, City
Council and Municipal Agencies/* to come under the new
subtitle "City Journal," requiring the Director of Finance
to publish a municipal journal containing information
on the business of the city.
368 ORDINANCES Ord. No. 710
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That new Section 14A be and it is hereby
added to Article 1 of the Baltimore City Code (1966 Edi-
tion), title "Mayor, City Council and Municipal Agencies,"
to come under the new subtitle "City Journal," and to read
as follows :
CITY JOURNAL
1UA.
It shall be the duty of the Director of Finance to publish
at least once a month an official City Journal which shall
contain a listing of bills introduced and passed by the City
Council, the legal advertising &f the City, a schedule of
the meetings of City boards and commissions, and such
LEGAL ADVERTISING AND other information relating
to the business of the City as shall be determined by the
City Council and the Board of Estimates. The City Journal
shall be published, distributed, and sold in such manner
and on such terms as the Council and the Board may
determine. No unofficial advertisements shall be published
in the City Journal.
SEC. 2. AND BE IT FURTHER ORDAINED, THAT
THE FIRST ISSUE OF THE CITY JOURNAL SHALL
BE PUBLISHED IN OCTOBER 43W, JANUARY 1979.
Sec. 2 3. And be it further ordained, That this ordinance
shall take effect January ± WVZ. JULY 1, 1978.
Approved May 12, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 710
(Council No. 751)
An Ordinance approving a renewal plan for Inner Harbor
Project I-A for the area, bounded by the south side of
Key Highway, the east side of Light Street, the north
side of East Montgomery Street, to the easternmost prop-
erty lines of Number 717 through 709 Light Street, the
ORDINANCES 369
northernmost property lines of Number 102 through 240
East Montgomery Street, to the west side of Battery
Avenue; providing for general physical improvement in
the Inner Harbor Project I-A area by the establishment
of standards and guidelines for exterior rehabilitation of
existing structures; identification of certain parcels of
land for redevelopment and the harmonious development
thereof in accordance with standards and controls estab-
lished thereby ; authorizing under certain conditions, the
acquisition by purchase or by condemnation by the
Mayor and City Council of Baltimore for urban renewal
purposes of the fee simple interest or any lesser interest
in and to certain properties or portions thereof together
with the improvements thereon ; providing that in selling
the property in the project area, the Department of
Housing and Community Development shall require that
the developers agree in writing not to discriminate in the
sale, lease or occupancy of the property developed by
them, against any person because of race, color, religion,
sex or national origin ; waiving such requirements, if any,
as to the content of or of procedure for the preparation,
adoption and approval of renewal plans as set forth in
Ordinance No. 152 as approved June 28, 1968 which the
renewal plan for Inner Harbor Project I-A may not meet;
providing for the separability of various parts and appli-
cations of this ordinance; negating intention of enact-
ment of zoning ordinance ; providing penalty for violation
hereof ; and providing for the effective date hereof.
Whereas, the Inner Harbor Project I-A lies within the
Downtown Urban Renewal Area as designated by Ordi-
nance No. 1210, approved January 24, 1958, as amended by
Ordinance 1586, approved July 9, 1958 ; and
Whereas, under Ordinance No. 152, approved July 28,
1968, the Department of Housing and Community Devel-
opment was authorized to prepare and administer Renewal
Plans in Renewal Areas ; and
Whereas, the Department of Housing and Community
Development has prepared a Renewal Plan for Inner Harbor
Project I-A bounded by the south side of Key Highway,
the east side of Light Street, the north side of East Mont-
gomery Street, to the easternmost property lines of Nos.
370 ORDINANCES Ord. No. 710
717 through 709 Light Street, the northernmost property
lines of Nos. 102 through 240 East Montgomery Street, to
the west side of Battery Avenue. Said Renewal Plan consist-
ing of 44 12 pages, Exhibits "A" through ii©Jl "E" and Ap-
pendix A ; and
Whereas, the Renewal Plan for Inner Harbor Project I-A
was approved as a Renewal Plan by the Planning Com-
mission of Baltimore City on December 9, 1976 and was
approved and recommended to the City Council by the
Commissioner of the Department of Housing and Commu-
nity Development ; now, therefore,
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the Renewal Plan for Inner Harbor
Project I-A identified as "Inner Harbor Project I-A Re-
newal Plan", having been duly reviewed and considered,
is hereby approved and the Clerk of the City Council is
hereby directed to file a copy of said Renewal Plan with the
Department of Legislative Reference as a permanent rec-
ord and make same available for public inspection and in-
formation.
Sec. 2. And be it further ordained, that it may be neces-
sary, under the conditions hereinafter set forth and as set
forth in the said Urban Renewal Plan, to acquire by pur-
chase or by condemnation for Urban Renewal purposes of
clearance or rehabilitation, the fee simple interest or any
lesser interest in and to certain parcels of land and improve-
ments thereon situate in Baltimore City, Maryland as may be
deemed necessary and proper by the Department of Hous-
ing and Community Development (hereinafter referred to
as "Department") to effect proper implementation of the
Project, within the area described as follows :
Beginning for the same at the point formed by the inter-
section of the south side of Key Highway, as now laid out
varying in width and the west side of Battery Avenue, as
now laid out varying in width, and running thence binding
on the west side of said Battery Avenue, Southerly 40 feet,
more or less, to the south side of an alley, varying in width
from a width of 10 feet to a width of 4 feet, laid out in the
rear of the properties known as Nos. 240 through and in-
cluding 202 Montgomery Street; thence binding on the
ORDINANCES 371
south side of said alley, Westerly 300 feet, more or less, to
the northwest corner of the property known as No. 202
Montgomery Street; thence binding on the west outline of
last said property, Southerly 18 feet, more or less, to the
northeast corner of the property known as No. 200-200%
Montgomery Street; thence binding on the north outline
of last said property, Westerly 30 feet, more or less, to the
east side of William Street, as now laid out 82.5 feet wide ;
thence by a straight line crossing said William Street,
Westerly 83 feet, more or less, to the northeast corner of
the property known as No. 132 Montgomery Street ; thence
binding in part on the north outline of last said property,
in part on the north outline of the property known as No.
130 Montgomery Street, and in all along the south side of a
4 foot alley laid out 60.33 feet north of Montgomery
Street, Westerly 45 feet, more or less, to the east outline
of the property known as No. 128 Montgomery Street;
thence binding on the east outline of last said property,
northerly 19 feet, more or less, to the northeast corner of
last said property; thence binding on the north outline of
last said property and on the north outline of the property
known as No. 126 Montgomery Street, Westerly 21 feet,
more or less, to the east outline of the property known as
No. 122-124 Montgomery Street ; thence binding on the east,
north and west outlines of last said property the three fol-
lowing courses and distances; namely, Northerly 22 feet,
more or less, Westerly 33 feet, more or less, and Southerly
25 feet, more or less, to the northeast corner of the prop-
erty known as No. 120 Montgomery Street ; thence binding
on the north outlines of the properties known as Nos. 120
through and including 102 Montgomery Street, Westerly
174 feet, more or less, to the northwest corner of the prop-
erty known as No. 102 Montgomery Street ; thence binding
on the west outline of last said property, Southerly 78 feet,
more or less, to the north side of Montgomery Street, as
now laid out 82.5 feet wide; thence binding on the north
side of said Montgomery Street, Westerly 55 feet, more or
less, to the northeast corner of said Montgomery Street and
Light Street; thence binding on the east side of Light
Street, as now laid out 82.5 feet wide, Northerly 154 feet,
more or less, to the southeast corner of said Key Highway
and said Light Street; thence binding on the south side of
said Key Highway, Easterly 330 feet, more or less, to the
372 ORDINANCES Ord. No. 710
southwest corner of said Key Highway and said William
Street; thence by a straight line crossing said William
Street, Southeasterly 92 feet, more or less, to the southeast
corner of said Key Highway and said William Street and
thence binding on the south side of said Key Highway,
Easterly 330 feet, more or less, to the place of beginning.
Seer St And he it further ordained^ that in ordor to
attain the Urban Ronowal objoctivos an4 Land Use Plan
under tfre Inner Harbor Project J-A Plan as delineated i»
Sections U a»4 Q thereof, the following actions may be
taken;
ar To assure harmonious development an4 rohabilita-
tioxx within fe^ep Harbor Project i-A^- There shall be4
44)- P]an review by the Department of all new construc-
tion, (including parking areas, if any) exterior rehabilita-
tion, domoMtion Q¥ a^iy exterior change e* anv kind, in-
cluding signs an4 lighting, to determine if s«eh plans ape
consistent with the objectives an4 requirements of the
Ronowal Plan,
4H± All ^ew construction in the area to bocomo avail-
able fop further 4evelopment should be accomplished m
accordance with standards an4 controls a^4 plan review
procedures of the Department ostablishod under the Urban
Ronowal Plan*
4iii)- All voluntary exterior rehabilitation required
within -Inner Harbor Project J-A of sai4 Ronowal Plan shall
be in accordance with the Extorior Rehabilitation Guido-
IhxOSt Guidelines fo* Exterior Signs a»4 Lighting Guido
lines contained m Appondix A of the Ronowal Plan.
4iv4 Review of plans an4 specifications an4 the deter
mination by the Department that the proposed work is
consistent with the requirements an4 objoctivos of the Re-
newal Plan shall be a condition procodont to the issuanco
of a Building Permit
4v-)- ¥he Extorior Rehabilitation Guidelines, the Guide-
lines fop Extorior Signs an4 Lighting Guidelines contained
in- Appendix A of the Ronowal Plan a^e eve* an4 above
the codes an4 ordinances of the City of Baltimore, (Ordi
nance Nor £2 approved Juno 40r 1968, Articlo & of the
ORDINANCES 373
Baltimore City Ced^ title ^Fi^e feovontion," A^tiele SO of
the Baltimore €ity Geder title "Zoning," Articlo 32 of the
Baltimore Gity God^ title '-'Building Regulations^ approvod
Ap*4i 4r 1966), all as amondod to date op as may sufe-
sequently fee amondod.
SEC. 3. AND BE IT FURTHER ORDAINED, THAT IN
ORDER TO ATTAIN THE URBAN RENEWAL OBJEC-
TIVES AS DELINEATED IN THE INNER HARBOR
PROJECT I-A PLAN THE FOLLOWING ACTIONS MAY
BE TAKEN :
A. TO ASSURE HARMONIOUS DEVELOPMENT
AND REHABILITATION WITHIN INNER HARBOR
PROJECT I-A ; THERE SHALL BE :
(I) PLAN REVIEW BY THE DEPARTMENT OF
ALL NEW CONSTRUCTION, (INCLUDING PARKING,
IF ANY) REHABILITATION, DEMOLITION, CHANGE
OF USE, OR EXTERIOR CHANGE OF ANY KIND IN-
CLUDING SIGNS AND LIGHTING TO DETERMINE IF
SUCH PLANS OR USES ARE CONSISTENT WITH THE
OBJECTIVES AND REQUIREMENTS OF THE RE-
NEWAL PLAN.
(II) A REQUIREMENT THAT ALL PROPERTIES BE
REHABILITATED IN ACCORDANCE WITH THE
CODES AND ORDINANCES OF BALTIMORE CITY
AND THE REHABILITATION STANDARDS CON-
TAINED IN APPENDIX A OF THE URBAN RENEWAL
PLAN.
(III) REVIEW OF PLANS AND SPECIFICATIONS
AND THE DETERMINATION BY THE DEPARTMENT
THAT THE PROPOSED WORK IS CONSISTENT WITH
THE REQUIREMENTS AND OBJECTIVES OF THE
RENEWAL PLAN SHALL BE A CONDITION PRECE-
DENT TO THE ISSUANCE OF A BUILDING PERMIT.
(IV) A PROHIBITION OF VERTICAL EXPANSION
OF EXISTING STRUCTURES EXCEPT WHERE A
BUILDING PERMIT FOR SUCH EXPANSION HAS
BEEN ISSUED PRIOR TO MARCH 15, 1978.
(V) THE LAND USE PROVISIONS CONTAINED IN
SECTION C OF THE RENEWAL PLAN AND ON EX-
374 ORDINANCES Ord. No. 710
HIBIT C THEREIN, AND THE EXTERIOR REHABILI-
TATION STANDARDS CONTAINED IN APPENDIX A
OF THE RENEWAL PLAN ARE OVER AND ABOVE
THE CODES AND ORDINANCES OF THE CITY OF
BALTIMORE. (ARTICLE 9, TITLE "FIRE DEPART-
MENT AND FIRE CODE"; ARTICLE 30, TITLE "ZON-
ING CODE"; ARTICLE 32, TITLE "BUILDING REGU-
LATIONS"; OF THE BALTIMORE CITY CODE (1976
EDITION). AS AMENDED TO DATE OR AS MAY BE
SUBSEQUENTLY AMENDED.)
b. To acquire by purchase or by condemnation, for
urban renewal purposes, the fee simple interest or any
lesser interest in and to such of the properties or portions
thereof in the Inner Harbor Project I-A as may be deemed
necessary and proper by the Commissioner to effect the
proper implementation of the Renewal Plan. This may in-
clude:
•(*)■ Afiy property m the project agea containing a aoa-
salvablo structure, iro^ a structure which, i» the opinion
of the Commissioner of the Dopartmont of Housing a&4
Community Development, cannot bo oconomicalty rehabil-
itated,
4«-)- A»y property i» the Inner Harbor Projoct J-A
which the owner intends to alter, rehabilitate op domolish
m a manner »ot i» substantial conformity with aii *o-
hnbilitation guidelines sot forth m Appendix ^A^ os the
other objectives of the Ronowal Plan.
(I) ANY PROPERTY IN THE PROJECT AREA
CONTAINING A NON-SALVABLE STRUCTURE, I.E.,
A STRUCTURE WHICH IN THE OPINION OF THE
COMMISSIONER OF THE DEPARTMENT OF HOUS-
ING AND COMMUNITY DEVELOPMENT CANNOT BE
ECONOMICALLY REHABILITATED.
(II) ANY PROPERTY THE OWNER OF WHICH IS
UNABLE OR UNWILLING TO COMPLY OR CONFORM
TO THE CODES AND ORDINANCES OF BALTIMORE
CITY WITHIN 12 MONTHS FROM THE DATE OF
WRITTEN NOTICE OF THE REQUIRED IMPROVE-
MENTS, THE DEPARTMENT OF HOUSING AND COM-
MUNITY DEVELOPMENT, AFTER DUE CONSIDER-
ORDINANCES 375
ATION THAT THE PROPERTY OWNER HAS FAILED
TO ACHIEVE SUBSTANTIAL CONFORMITY WITH
THE CODES AND ORDINANCES OF BALTIMORE CITY
MAY ACQUIRE SUCH PROPERTY PURSUANT TO
THE EMINENT DOMAIN LAW OF THIS STATE AS IF
THE PROPERTY HAS ORIGINALLY BEEN PLANNED
FOR ACQUISITION AFTER 90 DAYS WRITTEN NO-
TICE TO THE OWNER. THE DEPARTMENT OF HOUS-
ING AND COMMUNITY DEVELOPMENT RESERVES
THE RIGHT TO ACQUIRE ANY SUCH NON-COMPLY-
ING PROPERTY FOR A PERIOD OF TWO (2) YEARS
FROM THE DATE OF SAID WRITTEN 90 DAYS NO-
TICE BY THE DEPARTMENT OF HOUSING AND COM-
MUNITY DEVELOPMENT.
(Ill) ALL APPLICATIONS FOR DEMOLITION
PERMITS SHALL BE SUBMITTED TO THE DEPART-
MENT OF HOUSING AND COMMUNITY DEVELOP-
MENT FOR REVIEW AND APPROVAL. UPON FIND-
ING THAT THE PROPOSED DEMOLITION IS CON-
SISTENT WITH THE OBJECTIVES OF THE URBAN
RENEWAL PLAN, THE COMMISSIONER OF THE DE-
PARTMENT OF HOUSING AND COMMUNITY DEVEL-
OPMENT SHALL AUTHORIZE THE ISSUANCE OF
THE NECESSARY PERMIT. IF THE COMMISSIONER
FINDS THAT THE PROPOSAL IS INCONSISTENT
WITH THE OBJECTIVES OF THE URBAN RENEWAL
PLAN AND THEREFORE DENIES THE ISSUANCE OF
THE PERMIT, HE SHALL, WITHIN 90 DAYS OF SUCH
DENIAL, SEEK APPROVAL OF THE BOARD OF ESTI-
MATES TO ACQUIRE FOR AND ON BEHALF OF THE
MAYOR AND CITY COUNCIL OF BALTIMORE, THE
PROPERTY, IN WHOLE OR IN PART, ON WHICH
SAID DEMOLITION WAS TO HAVE OCCURRED, BY
PURCHASE LEASE, CONDEMNATION, GIFT OR
OTHER LEGAL MEANS FOR THE RENOVATION, RE-
HABILITATION AND DISPOSITION THEREOF. IN
THE EVENT THAT THE BOARD OF ESTIMATES
DOES NOT AUTHORIZE THE ACQUISITION, THE
COMMISSIONER SHALL, WITHOUT DELAY, ISSUE
THE DEMOLITION PERMIT.
(c) In addition to, and not in place of, the remedy of
acquisition by purchase or condemnation of non-complying
376 ORDINANCES Ord. No. 710
properties, the Department may correct code violations and
place a lien against the property in accordance with the
provisions of Section 303 of the Housing Code of Baltimore
City as adopted by Ordinance 902, approved December 22,
1966.
(d) Upon acquisition of properties by the Department
as herein provided, the Department shall :
(i) Rehabilitate the property in conformance with the
codes and ordinances of the City and the rehabilitation
standards and objectives set forth in the Renewal Plan
and dispose of property at its fair value in accordance
with applicable regulations. If sale cannot be consummated
by the time rehabilitation is accomplished, the property
may be rented pending continuing sale efforts ; or,
(ii) Sell or lease the property subject to rehabilitation
and/or maintenance in conformance with the codes and
ordinances of Baltimore City and the rehabilitation stan-
dards and objectives set forth in the Renewal Plan; or
(iii) Demolish the structure or structures thereon and
dispose of land for redevelopment at its fair value for uses
consistent with the Renewal Plan ; or
(iv) Devote the property and /or structures to a public
use consistent with the Renewal Plan.
(E) TO PLACE REGULATIONS, CONTROLS AND
RESTRICTIONS BY COVENANTS OR OTHER PROVI-
SIONS IN THE AGREEMENTS FOR LAND DISPOSI-
TION AND INSTRUMENTS OF CONVEYANCE EXE-
CUTED PURSUANT THERETO.
SEC. 4. And be it farther ordained, that a4i THE Exterior
Rehabilitation Guidolinos, Guidelines £of Exterior Signs
aft4 Lighting Guidolinos STANDARDS for Inner Harbor
Project I- A as set forth in Appendice "A" are hereby
adopted.
Sec. 5. And be it further ordained, that the Real Estate
Acquisition Division of the Department of the Comp-
troller, or such person or persons and in such manner
as the Board of Estimates, in the exercise of the power
vested in it by Article V, Section 5, of the Baltimore City
ORDINANCES 377
Charter, may hereafter from time to time designate, is or
are authorized to acquire on behalf of the Mayor and City
Council of Baltimore and for the purposes described in
this ordinance, the fee simple interest or any lesser interest
in and to the properties or portions thereof hereinabove
mentioned. If the said Real Estate Acquisition Division of
the Department of the Comptroller, or such person or
persons, and in such manner as the Board of Estimates, in
the exercise of the power vested in it by Article V, Section
5, of the Baltimore City Charter, may hereafter from time
to time designate, is or are unable to agree with the owner
or owners on the purchase price for said properties or
portions thereof, it or they shall forthwith notify the City
Solicitor of Baltimore City, who shall thereupon institute
in the name of the Mayor and City Council of Baltimore
the necessary legal proceedings to acquire by condemnation
the fee simple interest or any lesser interest in and to
said properties or portions thereof.
Sec. 6. And be it further ordained, that in selling or
otherwise disposing of the property in the Inner Harbor
Project I-A, the Department of Housing and Community
Development shall require that developers agree in writing
not to discriminate in the sale, lease, use or occupancy of
the property developed by them against any person because
of race, color, religion, sex or national origin.
Sec. 7. And be it further ordained, that in whatever
respect, if any, the Renewal Plan approved hereby for
Inner Harbor Project I-A, may not meet the requirements
as to the content of a Renewal Plan or the procedure for
the preparation, adoption, and approval of Renewal Plans
as provided in Ordinance No. 152, approved June 28, 1968,
the said requirements are hereby waived and the Renewal
Plan approved hereby is exempted therefrom.
Sec. 8. And be it further ordained, that in the event it
be judicially determined, that any word, phrase, clause,
sentence, paragraph, section or part in or of this ordinance
or the application thereof to any person or circumstances
is invalid, the remaining provisions and the application of
such provisions to other persons or circumstances shall not
be affected hereby, the Mayor and City Council hereby
378 ORDINANCES Ord. No. 710
declaring that they would have ordained the remaining
provisions of this ordinance without the word, phrase,
clause, sentence, paragraph, section or part of the applica-
tion thereof so held invalid.
Sec. 9. And be it further ordained, that in any case
where a provision of this ordinance concerns the same
subject matter as an existing provision of any zoning, build-
ing, electrical, plumbing, health, fire, safety, or other ordi-
nance, code or regulation, the applicable provisions con-
cerned shall be construed so as to give effect to each;
provided, however, that if such provisions are found to
be in irreconcilable conflict, the provision which establishes
the higher standard for the promotion of the public health
and safety shall prevail. In any case where a provision
or this ordinance is found to be in conflict with an existing
provision of any other ordinance or code or regulation in
force in the City of Baltimore which establishes a lower
standard for the promotion and protection of the public
health and safety, the provision of this ordinance or code
or regulation is hereby repealed to the extent that it may
be found in conflict with this ordinance.
Sec. 10. And be it further ordained, that the approval
of the Renewal Plan for Inner Harbor Project I- A by this
ordinance shall not be construed as an enactment of such
amendments to the zoning ordinances, as are proposod i»
the Renewal Plan.
Sec. 11. And be it further ordained, that any person
violating any of the provisions of this ordinance shall be
guilty of a misdemeanor and shall be subject to a fine not
exceeding One Hundred Dollars ($100.00) and that each
day's violation shall constitute a separate offense.
Sec, 12. And be it further ordained, that this ordinance
shall take effect from the date of its passage.
Approved May 12, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
ORDINANCES 379
No. 711
(Council No. 1208)
An Ordinance to repeal and reordain with amendments
Ordinance No. 432, approved July 25, 1977, in order to
make certain corrections in the preamble.
SECTION 1. Be it ordained by the Mayor and City Council
of Baltimore, That Ordinance No. 432, approved July 25,
1977, be repealed and reordained with amendments to read
as follows :
Whereas, Article 41, Sections 266J and 266CC, inclusive,
of the Annotated Code of Maryland, as amended, created
and amended the Maryland Industrial Development Financ-
ing Authority, hereinafter called "MIDFA," vested in it
certain powers and duties in connection with the preserva-
tion and betterment of the economy of the State, authorizes
any municipality of the State to borrow money without
pledging its full faith and credit, and to execute a mortgage
as security therefore, and use such money to defray the
cost of acquiring an industrial project, including land,
buildings and equipment, either by purchase or con-
struction, after the adoption of an ordinance by the legis-
lature of the municipality to do so; and
Whereas, the money appropriated herein represents the
proceeds of an Industrial Development Loan [fully] guar-
anteed in part by the Maryland Industrial Development Fi-
nancing Authority; and
Whereas, Ordinance US1, approved July 25, 1977 provides
a sum of money not to exceed Two Hundred Eighty-eight
Thousand and Five Hundred Dollars ($288,500) for the
acquisition and improvement of various properties located
in Baltimore City; and
Whereas, Ordinance US1, approved July 25, 1977 pro-
vides for the leasing of the aforementioned property to the
Hughes-Savanach partnership who shall sublease the prop-
erty to Chemical Specialties Manufacturing Company to
be used in connection with its business operations; and
Whereas, the Industrial Development Loan represents a
material change in circumstances since the adoption of the
1976-77 Ordinance of Estimates; and
380 ORDINANCES Ord. No. 712
Whereas, the supplementary special loan fund appro-
priation ordained herein has been recommended to the City
Council by the Board of Estimates, said recommendation
having been made at a regular meeting of said Board held
on the 25th day of May, 1977, all in accordance with Article
VI, Section 2(h) (3) of the 1964 revised Charter of Bal-
timore City.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI, Sec-
tion 2(h) (3) of the 1964 revision of the Charter of Bal-
timore City, the sum of Two Hundred Eighty-eight Thou-
sand Five Hundred Dollars ($288,500) shall be made
available to the Department of Housing and Community
Development of the City of Baltimore as a supplementary
teyq-£?ai4 ft copv of the ordinance a^4 one of the plats to tke
SPECIAL LOAN FUND APPROPRIATION FOR THE
FISCAL YEAR ENDING June 30, 1977 for the purpose
of acquiring and improving various properties located in
Baltimore City. The amount thus made available as a sup-
plementary special loan fund appropriation shall be ex-
pended from an Industrial Development Loan and shall be
the source of revenue for this supplementary special loan
fund appropriation, as required by Article VI, Section
2(h) (3) of the 1964 revised Charter of Baltimore City.
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved May 12, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 712
(Council No. 1441)
An Ordinance authorizing the Mayor and City Council of
Baltimore to sell at either public or private sale in ac-
cordance with Article V, Section 5(b) of the City Charter,
all of the interest of the Mayor and City Council of
Baltimore in and to that parcel of land being the western-
ORDINANCES 381
most eighty feet of that lot of ground and premises
known or formerly known as No. 2801 Hudson Street,
said property being no longer needed for public use.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the Comptroller of Baltimore City be
and he is hereby authorized to sell at either public or
private sale in accordance with Article V, Section 5(b) of
the City Charter, all of the interest of the Mayor and City
Council of Baltimore, in and to that parcel of land being
the westernmost eighty (80) feet of that lot of ground
and premises known or formerly known as No. 2801 Hudson
Street, and described as follows, said property being no
longer needed for public use:
Beginning for the same at the point formed by the inter-
section of the south side of Hudson Street, as now laid
out 70 feet wide, and the east side of Kenwood Avenue,
as now laid out 70 feet wide, said point of beginning being
the beginning of the parcel of land conveyed by The Canton
Co. to the Mayor and City Council of Baltimore by deed
dated August 1, 1968, and recorded among the Land Rec-
ords of Baltimore City in Liber R.H.B. No. 2456, Folio
624, and running thence binding on the south side of said
Hudson Street and on part of the first line of the parcel
of land described in said deed, there situate, as now sur-
veyed, North 87°-06'-30" East 80.00 feet to the end of the
third line of the parcel of land conveyed by the Mayor and
City Council of Baltimore to M & M Properties Partnership
by deed dated June 8, 1977 and recorded among the Land
Records of Baltimore City in Liber R.H.B. No. 3505,
Folio 508;
thence binding reversely on the third line of the parcel of
land described in last said deed, South 02°-53'-30" East
80.00 feet to intersect the third line of the parcel of land
described in the deed mentioned firstly herein; thence
binding on part of the third line of the parcel of land de-
scribed in the deed mentioned firstly herein, to the end
thereof, as now surveyed, South 87°-06'-30" West 80.00 feet
to the west side of said Kenwood Avenue and running
thence binding on the west side of said Kenwood Avenue,
and on the last line of the parcel of land described in the
deed mentioned firstly herein, there situate, as now sur-
382 ORDINANCES Ord. No. 713
veyed, North 02°-53'-30" West 80.00 feet to the place of
beginning.
Containing 6400 square feet or 0.1469 acre of land, more
or less.
All courses and distances in the above description are
referred to the true meridian as adopted by the Baltimore
Survey Control System.
Being lot 1 of the subdivision of that parcel of land
known as No. 2801 Hudson Street, Baltimore, Maryland,
shown on Plat No. 308-A-7b on file in the Office of the
Director of Public Works.
Said property being no longer needed for public use.
Sec. 2. And be it further ordained, That this sale is
subject to the condition that the architectural plans for
development on said subject tract be submitted to the Plan-
ning Commission for review and approval and that the
Planning Commission shall refer said plans to the Design
Advisory Panel of the Department of Housing and Com-
munity Development for its opinion. The Commission's
decision shall be based on the advice of said panel.
Sec. 3. Be it further ordained, That no deed or deeds
shall pass in accordance herewith until the same shall have
been first approved by the City Solicitor.
Sec. 4. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved May 12, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 713
(Council No. 1446)
An Ordinance to add a new section 1710 (o) to Article 32
of the Baltimore City Code, 43SG 1976 Edition, Building
Regulations Chapter 17, fees and service charges where-
ORDINANCES 383
by fees and service charges would be established by sedi-
ment and erosion control.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That new Subsection 1710 (o) be and the
same is hereby added to Article 32 of the Baltimore City
Code, 4d££ 1976 Edition, Title, Building Regulations,
Chapter 17, Fees and Service Charges, to follow immedi-
ately after Subsection 1710 (n) and to read as follows:
1710 (o) Sediment and Erosion Control
$10.00 for each permit plus the following $ per square
Disturbed Area (square feet) feet disturbed
Up to and including 5,000 $ .002
5,001 to and including 15,000 .003
15,001 and over .00 h
Sec. 2. And be it further ordained, That any and all
public local laws or special laws, ordinances or resolutions,
and any and all parts of any public local laws or special
laws, ordinances or resolutions inconsistent with any of
the provisions of this ordinance are hereby repealed to
the extent of any such inconsistency.
Sec. 3. And be it further ordained, That in case it be
judicially determined that any word, phrase, clause, item,
sentence, paragraph or section of this ordinance, or the
application thereof to any person or circumstance, is in-
valid, the remaining provisions and the application of such
provisions to other persons or circumstances shall not be
affected thereby, the Mayor and City Council hereby de-
claring that they would have ordained the remaining pro-
visions of this ordinance without the word, phrase, clause,
item, sentence, paragraph or section, or the application
thereof, so held invalid.
Sec. 4. And be it ordained, That this ordinance shall take
effect the date of its passage.
Approved May 12, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
384 ORDINANCES Ord. No. 714
No. 714
(Council No. 1469)
An Ordinance designating as a "Renewal Area", an area
situate in Baltimore City, Maryland, known as the Wash-
ington Boulevard Business Area, bounded generally by
Ramsay Street on the North, Barre Street on the east,
Carroll Street on the south and Wyeth Street on the west ;
approving a renewal plan for the Washington Boulevard
Business Area; authorizing the acquisition by purchase
or by condemnation by the Mayor and City Council of
Baltimore for urban renewal purposes of the fee simple
interest or any lesser interest, together with the improve-
ments thereon, situate in Baltimore City, within the
Washington Boulevard Business Area; establishing re-
habilitation standards for all non-residential properties;
providing penalties for violating these rehabilitation
standards; providing for review by the Department of
Housing and Community Development of all plans for
rehabilitation or new construction within the Washington
Boulevard Business Area; establishing procedures for
issuance and denial of demolition permits ; providing that
in selling land in the Washington Boulevard Business
Area, the Department of Housing and Community De-
velopment shall require that developers agree in writing
not to discriminate in the sale, lease, use or occupancy
of the property developed by them against any persons
because of race, creed, color or national origin; pro-
viding that the provisions of this Ordinance shall apply
only to properties used, in whole or in part, for commer-
cial purposes and shall not apply to properties used solely
for residential purposes; waiving such requirements, if
any, as to content or procedure for the preparation,
adoption and approval of renewal plans as set forth in
Ordinance No. 152, approved June 28, 1968, which the
renewal plan for the Washington Boulevard Business
Area may not meet ; providing for the separability of the
various parts and applications of this ordinance; pro-
viding that where the provisions of this ordinance shall
conflict with any other ordinance, code or regulation,
the provisions which establish the higher standard shall
prevail, and providing for the effective date hereof.
ORDINANCES 385
Whereas, the Department of Housing and Community
Development in consultation with the Director of the De-
partment of Planning acting pursuant to powers vested
by Section 23(a) of Article 13 of the Baltimore City Code
(1966 Edition) as amended by Ordinance No. 152, approved
June 28, 1968, and further amended by Ordinance 325,
approved May 31, 1977, has heretofore determined that the
Washington Boulevard Business Area, as hereinbelow more
particularly described, may be benefited through the ex-
ercise of those functions and powers of the City of Baltimore
which are more vested in the Department of Housing and
Community Development by Ordinance No. 152, approved
June 28, 1968, and has recommended to the City Council
that an ordinance be passed to designate the Washington
Boulevard Business Area as a "Renewal Area" ; and
Whereas, under Ordinance No. 152, approved June 28,
1968, the Department of Housing and Community Develop-
ment is authorized to prepare and administer Renewal Plans
in Renewal Areas; and
Whereas, the Department of Housing and Community
Development has prepared a Renewal Plan for the Wash-
ington Boulevard Business Area, consisting of a cover page,
a table of contents, and ten (10) pages of text and two (2)
exhibits which solely intended to apply to properties used
for commercial purposes; and
Whereas, the Renewal Plan for the Washington Boule-
vard Business Area was approved by the Director of
the Department of Planning on February 22, 1978,
with respect to its conformity as to the Master Plan;
the detailed location of any public improvements proposed
in the Renewal Plan ; its conformity to the rules and regu-
lations for subdivisions; and all zoning changes proposed
in the Renewal Plan, and the Renewal Plan was approved
and recommended to the City Council by the Commissioner
of the Department of Housing and Community Develop-
ment on February 22, 1978, now, therefore,
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That it is hereby found and determined that
the Renewal Area known as the Washington Boulevard
Business Area, as hereinbelow more particularly described,
386 ORDINANCES Ord. No. 714
may be benefited through the exercise of the functions and
powers vested in the Department of Housing and Com-
munity Development.
Sec. 2. And be it further ordained, That the said Wash-
ington Boulevard Business Area is more particularly de-
scribed as follows:
Beginning for the same at a point formed by the inter-
section of the Southern right-of-way line of Washington
Boulevard and the western right-of-way line of Wyeth
Street ; thence running in a northerly direction and binding
on an extended line of the western right-of-way line of
Wyeth Street to a point of intersection with the northern
right-of-way line of Washington Boulevard; thence run-
ning in an easterly direction and binding on the northern
right-of-way line of Washington Boulevard to a point of
intersection with the western property line of Lot 3, Ward
21, Section 2, Block 847-B; thence running in a northerly
direction and binding on the western property line of Lot
3, Ward 21, Section 2, Block 847-B to a point of intersection
with the southern right-of-way line of Clifford Street;
thence binding on the southern right-of-way line of Clifford
Street ; as extended easterly, to a point of intersection with
the eastern right-of-way line of Scott Street; thence run-
ning in a northerly direction and binding on the eastern
right-of-way line of Scott Street to a point of intersection
with the southern right-of-way line of the first 4-foot alley ;
thence running in an easterly direction and binding on the
southern right-of-way line of the first 4-foot alley to a
point of intersection with the western property line of lot
25, Ward 21, Section 13, Block 848; thence binding on
said western property line, the northern lot lines of Lots
25, 26, 27 and 28/32, and the eastern property line of
Lot 28/32, all in Ward 21, Section 13, Block 848, northerly,
easterly and southerly to a point of intersection with an
extended line of the southern right-of-way line of Clifford
Street, westerly from West Barre Street; thence running
in an easterly direction and binding on said extended line
and the southern right-of-way line of Clifford Street to a
point of intersection with the western right-of-way line
of West Barre Street; thence running in a southerly and
southeasterly direction and binding on the western right-
ORDINANCES 387
of -way line of West Barre Street to a point of intersection
with the southern property line of Lot 51, Ward 21, Section
13, Block 852; thence running in a westerly direction and
binding on the southern property line of Lot 51, Ward 21,
Section 13, Block 852 to a point of intersection with the
western property line of Lot 51, Ward 21, Section 13,
Block 852; thence running in a northerly direction and
binding on the western property line of Lot 51, Ward 21,
Section 13, Block 852 to a point of intersection with the
southern right-of-way line of Eislen Street;
thence running in a westerly direction and binding on the
southern right-of-way line of Eislen Street to a point of
intersection with the eastern property line of Lots 55 and
56, Ward 21, Section 13, Block 852; thence running in a
northerly direction and binding on the eastern property
line of Lots 55 and 56, Ward 21, Section 13, Block 852,
to a point of intersection with the southern right-of-way
line of Eislen Street ;
thence running in a westerly direction and binding on the
southern right-of-way line of Eislen Street, crossing Otter-
bein Street, and continuing along the southern right-of-
way line of Eislen Street to a point of intersection with
the eastern property line of Lot 24, Ward 21, Section 13,
Block 852; thence running in a southerly direction and
binding on the eastern property line of Lot 24, Ward 21,
Section 13, Block 852, to a point of intersection with the
southern property line of Lot 24, Ward 21, Section 13,
Block 852; thence running in a westerly direction and
binding on the southern property line of Lot 24, Ward 21,
Section 13, Block 852, crossing Scott Street along an ex-
tension of said property line to a point of intersection with
the Western right-of-way line of Scott Street; thence
running in a southerly direction and binding on the western
right-of-way line of Scott Street to a point of intersection
with an easterly extension of the southern property line
of Lot 8, Ward 21, Section 7, Block 851 ; thence running
in a westerly direction and binding on said extension of,
and the southern property line of Lot 8, Ward 21, Section 7,
Block 851, to a point of intersection with the eastern right-
of-way line of an unnamed 2-foot alley; thence running
in a southerly direction and binding on the eastern right-
of-way line of said unnamed 2-foot alley to a point of
intersection with the northern right-of-way line of Carroll
388 ORDINANCES Ord. No. 714
Street ; thence running in a westerly direction and binding
on the northern right-of-way line of Carroll Street to a
point of intersection with the western right-of-way line of
another unnamed 2-foot alley; thence running in a north-
erly direction and binding on the western right-of-way
line of said unnamed 2-foot alley to a point of intersection
with the northern property line of Lot 70, Ward, 21. Sec-
tion 6, Block 851 ; thence running in a westerly direction
and binding on the northern property line of Lot 70, Ward
21, Section 7, Block 851 and a westerly extension of said
northern property line, crossing Wyeth Street to a point
of intersection with the western right-of-way line of Wyeth
Street ; thence running in a northerly direction and binding
on the western right-of-way line of Wyeth Street to the point
of beginning.
Sec. 3. And be it further ordained, That the Renewal
Plan for the Washington Boulevard Business Area, identi-
fied as "Urban Renewal Plan, Washington Boulevard Busi-
ness Area", having been duly reviewed and considered, is
hereby approved, and the Clerk of the City Council is
hereby directed to file a copy of said Renewal Plan with
the Department of Legislative Reference as a permanent
record and make the same available for public inspection
and information.
Sec. 4. And be it further ordained. That it may be neces-
sary to acquire by purchase or by condemnation for Urban
Renewal purposes for fee simple interest or any lesser
interest in and to such of the remaining properties or
portions thereof in the Washington Boulevard Business
Area not specifically designated for acquisition in this ordi-
nance, as may be deemed necessary and proper by the
Commissioner of the Department of Housing and Com-
munity Development to effect the proper implementation
of the project.
(1) These properties may include:
(a) Any property in the project area containing a non-
salvable structure, i.e. a structure which in the opinion of
the Commissioner of the Department of Housing and Com-
munity Development cannot be economically rehabilitated.
ORDINANCES 389
(b) Any property the owner of which is unable or
unwilling to comply or conform to the codes and ordinances
of Baltimore City and the Property Rehabilitation Stand-
ards set forth in Section 5 of this ordinance within 24
months from the date of written notice of the required
improvements, the Department of Housing and Community
Development, after due consideration that the property
owner has failed to achieve substantial conformity with
the codes and ordinances of Baltimore City, may acquire
such property pursuant to the Eminent Domain Law of
this State as if the property had originally been planned for
acquisition after 90 days written notice to the owner. The
Department of Housing and Community Development re-
serves the right to acquire any such non-complying property
for a period of two (2) years from the date of said written
90 days notice by the Department of Housing and Com-
munity Development.
(2) Upon the acquisition of such properties the De-
partment of Housing and Community Development will
either :
(a) Rehabilitate the property in conformance with the
codes and ordinances of Baltimore City and the Property
Rehabilitation Standards set forth in Section 5 of this
ordinance and dispose of property in accordance with ap-
plicable regulations. If sale cannot be consummated by the
time rehabilitation is accomplished, units may be rented ; or
(b) Sell or lease the property subject to rehabilitation
in conformance with the codes and ordinances of Baltimore
City and the Property Rehabilitation Standards set forth
in Section 5 of this ordinance;
(c) Demolish the structure or structures thereon and
dispose of the land for redevelopment for uses in accord-
ance with this Plan.
Sec. 5. And be it further ordained, That in addition to
the standards for properties outlined in the codes and
ordinances of the City of Baltimore, the following addi-
tional standards shall be applied to all non-residential uses
within the project area:
390 ORDINANCES Ord. No. 714
a. Windows
(1) Windows not in the front of the buildings shall be
kept properly repaired or, with Fire Department approval,
may be closed, in which case sills, lintels and frames must
be removed and the opening properly closed to match the
material, design and finish of the adjacent wall.
(2) All windows must be tight-fitting and have sashes
of proper size and design. Sashes with rotten wood, broken
joints or loose mullions or muntins shall be replaced. All
broken and missing window glass shall be replaced with
glass or approved plastic glazing. All exposed wood shall
be repaired and painted.
(3) Window openings in upper floors of buildings with
fronts or sides on Washington Boulevard, Scott Street and
Barre Street, shall not be filled or boarded up. Windows in
unused areas of the upper floors may be backed by a solid
surface on the inside of the glass. Window panes shall not
be painted.
(4) Shutters may be provided on windows above the
first floor level on the front of buildings. They shall be
fixed to the wall by either a metal latch or a wood device or
be held permanently "open" (fastened to the wall). In
cases where shutters would be in harmonious with the
original design of the building, they shall not be permitted.
b. Building Fronts and Sides Abutting Streets
(1) All defective structural and decorative elements
of building fronts and sides abutting streets shall be re-
paired or replaced in a workmanlike manner to match as
closely as possible the original materials and construction
of that building. All damaged, sagging or otherwise de-
teriorated storefronts, show windows or entrances shall be
repaired or replaced.
(2) All cornices, upper store windows (and all portions
of a building containing wood trim) shall be made struc-
turally sound. Rotten or weakened portions shall be re-
moved and repaired, or replaced to match as closely as
possible the original patterns. All exposed wood shall be
painted or stained, or otherwise treated for protection.
ORDINANCES 391
(3) A show window, as a part of the building facade,
shall be defined to include:
(a) the building face and the entrance area leading to
the door; plus lighting and signing designed to be viewed
from the public right-of-way and/or the area visible to the
public prior to entering the interior portion of the structure.
Show windows, entrances, signs, lighting, sun protection,
security grilles, etc., shall be compatible, harmonious and
consistent with the original scale and character of the
structure.
Enclosures and housings for security grilles and screens
shall be as inconspicuous as possible and compatible with
other elements of the facade. Metal enclosures must be
painted to match trim unless they are incorporated in the
sign structure.
All exposed portions of the grille, screen or enclosure
which are normally painted and all portions which require
painting to preserve, protect or renovate the surface shall be
painted.
All screens and grilles protecting entrances and show
windows must be constructed so they can be opened or
removed. Such screens and grilles shall be opened or re-
moved during the normal business hours of that business.
Show windows shall not be painted for advertising pur-
poses, but may be painted for authorized identification of
the place of business when authorized by the Department
of Housing and Community Development.
No temporary or permanent sign affixed or placed against
the inside surface of a show window shall exceed 20% of
the area of that show window.
Decals one square foot or less in area may be affixed to
show windows or entrance door windows when same are
supplied by credit card companies and carry no text or
message other than the identification of such companies.
(4) Solid or permanently enclosed storefronts shall not
be permitted, unless treated as an integral part of the
building facade using wall materials and window detailing
compatible with the upper floors.
392 ORDINANCES Ord. No. 714
(5) Awnings
(a) Soft, retractable awnings are permitted over the
first floor and on upper floors over windows.
(b) They must be flameproofed
(c) They shall not project more than seven (7) feet
from the building front and shall otherwise conform with
the provisions of City ordinances.
(d) Awnings over storefronts shall terminate against
the building at a height not to exceed thirteen (13) feet
above the pavement, or one inch below the second floor
window sill, whichever is lower.
(e) Rigid or fixed awnings, sun screens or permanent
canopies are not permitted or any portion of the building
front.
(6) Adjoining buildings used by the same occupant shall
be rehabilitated in a unified and harmonious manner. Each
building shall be rehabilitated and repaired with materials
and in a manner consistent with the original construction
techniques where feasible.
(7) All exterior front or side walls which have not
been wholly or partially resurfaced or built over shall be
repaired and cleaned or painted in an acceptable manner.
Brick walls shall be pointed where necessary. Painted ma-
sonry walls shall have loose material removed and be painted
a single color except for trim which may be another color.
Patched walls shall match the existing adjacent surfaces
as to materials, color, bond and jointing.
(8) Masonry walls shall be treated in the following
manner:
(a) Natural stone shall be clean and mortar joints
pointed where necessary.
(b) Brick may be cleaned and then sealed; or if the
brick has been previously painted, it may be sealed to
remove all loose material and repainted with one color.
(c) Existing formstone applied over brick may be re-
moved and the brick cleaned and painted and then sealed;
or, existing formstone shall be painted in a manner approved
ORDINANCES 393
by the Department of Housing and Community Develop-
ment.
(d) Any other applied facing materials which are dec-
orative only shall be removed within 24 months if not
original ; if original and corrugated metal siding or plywood,
they shall be removed and replaced with approved harmo-
nious materials ; if original and other than corrugated metal
siding or plywood, they shall be repaired as necessary
according to the minimum standards set forth in this
ordinance.
(e) Any facing materials applied for reasons other than
decoration shall be painted or otherwise treated in a manner
harmonious to the rest of the structure as approved by
the Department of Housing and Community Development.
(9) Dormer windows on roofs sloping toward the shop-
ping street shall be treated in accordance with the same
criteria as building fronts.
(10) Existing miscellaneous elements on the building
fronts, such as empty electrical or other conduits, unused
sign brackets, etc., shall be removed and the building
repaired as necessary.
(11) Sheet metal gutters and downspouts shall be re-
paired or replaced as necessary and shall be neatly located
and securely installed. Gutters and downspouts shall be
repaired or replaced as necessary and shall be neatly lo-
cated and securely installed. Gutters and downspouts shall
be painted to harmonize with the other building front colors.
c. Rear and Side Walls
(1) Rear and side walls shall be repaired and painted
to present a neat and fresh appearance. Rear walls shall
be painted to cover evenly all miscellaneous patched and
filled areas or be stuccoed to present an even and uniform
surface.
(2) Side walls, where visible from any street, shall be
finished or painted so as to harmonize with the front of
the building.
d. Roofs
(1) Chimneys, elevator penthouses or any other auxil-
iary structures on the roofs shall be repaired and cleaned
394 ORDINANCES Ord. No. 714
as required for rear and side walls. Any construction visible
from the street or from other buildings shall be finished
so as to be harmonious with other visible building walls.
(2) Any new mechanical equipment placed on a roof
shall be so located as to be hidden from view from the
shopping streets, and to be as inconspicuous as possible
from other viewpoints. New equipment shall be screened
with suitable elements of a permanent nature, finished so
as to harmonize with the rest of the building. Where such
screening is unfeasible, equipment shall be installed in a
neat, presentable manner, and shall be painted in such a
manner as to minimize its visibility.
(3) Television and radio antennae shall be located so
as to be as inconspicuous as possible.
(4) Roofs shall be kept free of trash, debris, or any
other element which is not a permanent part of the build-
ing or a functioning element of its mechanical or electrical
system.
e. Auxiliary Structures
Structures at the rears of buildings attached or unattached
to the principal commercial structure which are structurally
deficient, shall be properly repaired or demolished.
f. Rear Yards
Where a rear yard exists or is created through the demo-
lition of structures, the owner shall condition the open area
in one of two ways as outlined below.
(1) Enclosure of Yards
A rear yard may be enclosed along side and rear prop-
erty lines by a masonry wall, consistent and harmonious
in design with the rear walls of the building. Solid doors
or solid gates may be used to the extent necessary for
access and delivery. Such walls must be not less than five
feet in height.
(2) Provision of Parking Area
An unenclosed rear yard may be used as a parking or load-
ing area providing that it is properly paved, illuminated and
maintained. A sign not exceeding six (6) square feet may
ORDINANCES 395
be used to identify and control parking and loading. The
building occupant shall be responsible for maintenance of
the parking area in a neat and clean manner. No storage
of trash containers shall be allowed in this area except
when housed in permanent structures of acceptable design.
g. Signs
(1) No signs other than those identifying the property
where they are installed or identifying the use conducted
therein shall be permitted. Advertising by material or
product manufacturers shall not be permitted except as
primary identification of an establishment.
All lighting and electrical elements such as wires, con-
duits, junction boxes, transformers, ballasts, switches, and
panel boxes shall be concealed from view as much as possible.
(2) Flat signs shall be placed parallel to the building
face and shall not project more than 12" from the surface
of the building and shall not exceed in area three times the
width in feet of the frontage of the building. In the case
of corner properties, each facade is to be calculated sepa-
rately as to size allowed for each. Flat signs shall be placed
no higher than one inch below the sill of the bottom of
the second story windows where windows exist or 13 feet
above grade level, whichever is lower. Lettering applied
to ground floor show windows or entrance doors shall be
limited to identification of the business. Signs identifying
the occupant shall be permitted at rear entrance doors but
shall not exceed six square feet in size, except where au-
thorized by the Department of Housing and Community
Development.
(3) Marquees or projecting signs shall not be placed
on any portion of any building. Existing projecting or
otherwise non-complying signs shall be removed within 24
months of passage of this ordinance.
(4) Painted signs on building surfaces or use of sepa-
rate cutout letters shall be permitted in accordance with
the above limits for flat signs or as authorized by the
Department of Housing and Community Development.
(5) Non-illuminated secondary signs shall be permitted
for the identification of commercial tenants occupying the
396 ORDINANCES Ord. No. 714
upper floors of a building. Such signs shall not exceed two
(2) square feet in area and shall not project more than one
inch beyond the surface of the building, nor shall they be
placed higher than 13 feet above grade level.
(6) Roof top signs, signs above the parapet of a build-
ing, billboards, or outdoor advertising signs painted or
mounted on structures other than billboards, except as
otherwise herein provided, shall not be permitted.
(7) Painted or inlaid signs on cloth awnings are per-
mitted.
(8) Flashing or moving signs other than barber poles
shall not be permitted.
(9) All signs not conforming to the above regulations
shall be removed within two years from date of enactment
of this ordinance except billboards larger than sixty square
feet, which shall be removed within five years. No lease for
such billboards expiring after date of enactment of this
plan shall be renewed. Future minor privilege permits for
signs shall be issued only for those signs meeting project
design criteria.
(10) No private signs shall be permitted except as
herein provided or as otherwise authorized by the Depart-
ment of Housing and Community Development for tempo-
rary purposes not exceeding thirty days.
h. Period of Compliance
To the extent that rehabilitation requirements for com-
mercial uses are specifically applicable to the Washington
Boulevard Business Area and are not generally required
elsewhere, the work necessary to meet such requirements
shall be completed within two (2) years from the effective
date of this plan, unless specifically outlined elsewhere in
this plan. No work, alterations, or improvements shall be
undertaken after enactment of this plan which do not
conform with the requirements herein.
Nothing herein shall be construed to permit any sign,
construction, alteration, change, repair, use or any other
matter otherwise forbidden or restricted or controlled by
any other public law.
ORDINANCES 397
i. Review of Rehabilitation Plans
(1) It shall be the responsibility of the Department of
Housing and Community Development to supervise that
part of this Urban Renewal Plan dealing with design, code
enforcement and inspection.
(2) Designs for all improvements, modifications, re-
pair, rehabilitation or painting concerning the exterior of
the existing buildings, their yards or their show windows,
and for all signs, and new construction shall be submitted
to the Commissioner of the Department of Housing and
Community Development and written approval by the De-
partment shall be required before proceeding with the work.
It shall be the responsibility of the property owner or an
authorized agent to secure all the necessary permits in
order to undertake the proposed work.
(3) The Commissioner of the Department of Housing
and Community Development shall be concerned with all
aspects of the designs affecting the exterior appearance
of properties, and in particular with the following:
(a) Colors to be used on buildings and signs.
(b) Design of show windows and entrance area, in-
cluding choice of material and types of security devices.
(c) Design of signs, methods of illumination, colors,
materials and methods of suspension.
(d) Conditioning of rear yard spaces and locations of
delivery signs.
(e) All exterior materials and colors.
(f) Design of awnings, shutters and upper floor win-
dows.
(g) Compatibility of new construction, as to scale,
color, materials and signing.
Sec. 6. And be it further ordained, That any person
violating any of the provisions of Section 5 of this ordi-
nance shall be guilty of a misdemeanor and shall be subject
to a fine not exceeding One Hundred Dollars ($100.00) and
that each day's violation shall constitute a separate offense.
398 ORDINANCES Ord. No. 714
Sec. 7. And be it further ordained, That all plans for
new construction (including parking lots) or rehabilitation
on any property not to be acquired under the provisions of
this plan shall be submitted to the Department of Housing
and Community Development for review. Upon finding that
the proposed plans are consistent with the objectives of the
urban renewal plan, the Commissioner of the Department
of Housing and Community Development shall authorize
the processing of the plans for issuance of a building per-
mit. The provisions of this section are in addition to and
not in lieu of all other applicable laws and ordinances
relating to new construction.
Sec. 8. And be it further ordained, That all applications
for demolition permits shall be submitted to the Depart-
ment of Housing and Community Development for review
and approval. Upon finding that the proposed demolition
is consistent with the objectives of the urban renewal plan,
the Commissioner of the Department of Housing and Com-
munity Development shall authorize the issuance of the
necessary permit. If the Commissioner finds that the pro-
posal is inconsistent with the urban renewal plan and
therefore denies the issuance of the permit, he shall, within
90 days of such denial, seek approval of the Board of Esti-
mates to acquire for and on behalf of the Mayor and City
Council of Baltimore the property, in whole or in part, on
which said demolition was to have occurred by purchase,
lease, condemnation, gift or other legal means for the ren-
ovation, rehabilitation and disposition thereof. In the event
that the Board of Estimates does not authorize the ac-
quisition, the Commissioner shall without delay, issue the
demolition permit.
Sec. 9. And be it further ordained, That the Real Estate
Acquisition Division of the Department of the Comptroller,
or such persons and in such manner as the Board of Esti-
mates, in the exercise of the power vested in it by Article
V, Section 5, of the Baltimore City Charter, may hereafter
from time to time designate, is or are authorized to acquire
on behalf of the Mayor and City Council of Baltimore and
for the purposes described in this ordinance the fee simple
interest or any lesser in and to the properties or portions
thereof hereinabove mentioned, together with all right, title,
ORDINANCES 399
interest and estate that the owner or owners of said prop-
erty interests may have in all streets, alleys, ways or lanes,
public or private, both abutting the whole area described
and/or contained within the perimeter of said area. If the
said Real Estate Acquisition Division of the Department of
the Comptroller, or such person or persons and in such
manner as the Board of Estimates in the exercise of the
power vested in it by Article V, Section 5, of the Balti-
more City Charter, may hereafter from time to time desig-
nate, is or are unable to agree with the owner or owners
on the purchase price for said properties or portions there-
of, it or they shall forthwith notify the City Solicitor of
Baltimore City who shall thereupon institute in the name
of the Mayor and City Council of Baltimore, the necessary
legal proceedings to acquire by condemnation the fee simple
interest or any lesser interest in and to said properties or
portions thereof.
Sec. 10. And be it further ordained, That selling or other-
wise disposing of the property in the Highlandtown Busi
ass* A&&, WASHINGTON BOULEVARD BUSINESS
AREA, the Department of Housing and Community
Development shall require that developers agree in writing
not to discriminate in the sale, lease, use or occupancy of
the property developed by them against any person because
of race, creed, color or national origin.
Sec. 11. And be it further ordained, That in whatever
respect, if the Renewal Plan approved hereby for the High
landtown Businoss A*ea WASHINGTON BOULEVARD
BUSINESS AREA may not meet the requirements as
to the content of a Renewal Plan or the procedure for the
preparation, adoption, and approval of Renewal Plans as
provided in Ordinance No. 152, approved June 28, 1968,
the said requirements are hereby waived and the Renewal
Plan approved hereby is exempted therefrom.
Sec. 12. And be it further ordained, That in the event
it be judicially determined that any word, phrase, clause,
sentence, paragraph, section or part in or of this ordinance
or the application thereof to any person or circumstances
is invalid, the remaining provisions and application of such
provisions to other persons or circumstances shall not be
400 ORDINANCES Ord. No. 715
affected thereby, the Mayor and City Council hereby de-
claring that they would have ordained the remaining pro-
visions of this ordinance without the word, phrase, clause,
sentence, paragraph, section or part or the application
thereof so held invalid.
Sec. 13. And be it further ordained, That in any case
where a provision of this ordinance concerns the same sub-
ject matter as an existing provision of any zoning, building,
electrical, plumbing, health, fire or safety ordinance or
code or regulation, the applicable provisions concerned
shall be construed so as to give effect to each; provided,
however, that if such provisions are found to be in ir-
reconcilable conflict, the provision which establishes the
higher standard for the promotion and protection of the
public health and safety shall prevail. In any case where a
provision of this ordinance is found to be in conflict with
an existing provision of any other ordinance or code or
regulation in force in the City of Baltimore which estab-
lishes a lower standard for the promotion and protection
of the public health and safety, the provision of this ordi-
nance shall prevail, and the other existing provision of
such other ordinance or code or regulation is hereby repealed
to the extent that it may be found in conflict with this
ordinance.
Sec. 14. And be it further ordained. That this ordinance
shall take effect from the date of its passage.
Approved May 12, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 715
(Council No. 1517)
An Ordinance to add new Section 37(p-12) 40(11) to Ar-
ticle 1 of the Baltimore City Code (1966 1976 Edition),
title "Mayor, City Council and Municipal Agencies", sub-
title "Commission for Historic and Architectural Preser-
ORDINANCES 401
vation", to follow immodiatoly after Soction 37(p 11)
thoroof» declaring the area located within certain de-
scribed boundaries to be the Loft Historic and Architec-
tural Preservation District.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That new Section 37(p-12^- 40 (II) be and it is
hereby added to Article 1 of the Baltimore City Code (1966
1976 Edition), title "Mayor, City Council and Municipal
Agencies", subtitle "Commission for Historic and Archi-
tectural Preservation", to follow immodiatoly after Section
37(p-ll) thereof, and to read as follows :
40.
(ii) Loft District. The area located within the
boundaries set forth in this subsection is hereby declared
to be a Historic and Architectural District, and may be
referred to as Loft Historic and Architectural District:
Beginning for the same at the point formed by the inter-
section of the west side of Paca Street, as now laid out 82.5
feet wide, and the north side of Lombard Street, as now
laid out 66 feet wide, and running thence binding on the
north side of said Lombard Street, Westerly 327 feet, more
or less, to intersect the east side of Greene Street, as now
laid out 66 feet wide; thence binding on the east side of
said Greene Street, Northerly 185 feet, more or less, to
intersect the line of the north outline of the property known
as No. 32/34 S. Paca Street if projected westerly;
thence binding in part reversely on said line so projected,
in part on the north outline of the property known as No.
32/34 S. Paca Street and in all, Easterly 327 feet, more or
less, to the aforesaid west side of Paca Street and thence
binding on the west side of said Paca Street, Southerly
185 feet, more or less, to the place of beginning.
Sec. 2. And be it further ordained, That this ordinance
shall take effect thirty days from the date of passage.
Approved May 12, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
402 ORDINANCES Ord. No. 716
No. 716
(Council No. 1550)
An Ordinance providing for a supplementary special fund
appropriation in the amount of Two Thousand Five Hun-
dred Dollars ($2,500) to the Mayor's Advisory Committee
on Art and Culture to be used for promoting the open-
ing of School #33 as an Art Center, in accordance with
the provisions of Article VI, Section 2(h)(2) of the
Baltimore City Charter (1964 Revision).
Whereas, the money appropriated herein represents a
grant from a public source which could not be expected
with reasonable certainty at the time of the formulation
of the 1977-1978 Ordinance of Estimates; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held
on the 5th day of April, 1978, all in accordance with
Article VI, Section 2(h) (2) of the 1964 revised Charter
of Baltimore City.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2(h)(2) of the 1964 revision of the Charter of
Baltimore City, the sum of Two Thousand Five Hundred
Dollars ($2,500) shall be made available to the Mayor's
Advisory Committee on Art and Culture of the City of
Baltimore as a supplementary special fund appropriation
for the fiscal year ending June 30, 1978 for the purpose
of promoting the opening of School #33 as an Art Center.
The amount thus made available as a supplementary special
fund appropriation shall be expended from a grant of
funds to the Mayor and City Council of Baltimore by the
Maryland Arts Council, State Department of Economic and
Community Development, said sum being specifically al-
lotted to the Mayor and City Council of Baltimore for the
aforesaid purpose; and said funds from said Maryland
Arts Council, State Department of Economic and Com-
munity Development shall be the source of revenue for
this supplementary special fund appropriation, as required
ORDINANCES 403
by Article VI, Section 2(h) of the 1964 revised Charter
of Baltimore City.
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved May 12, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 717
(Council No. 1551)
An Ordinance providing for a supplementary special fund
appropriation in the amount of One Thousand Dollars
($1,000) to the Mayor's Advisory Committee on Art and
Culture to be used for promoting the opening of School
#33 as an Art Center, in accordance with the provisions
of Article VI, Section 2(h)(2) of the Baltimore City
Charter (1964 Revision).
Whereas, the money appropriated herein represents a
grant from a public source which could not be expected
with reasonable certainty at the time of the formulation
of the 1977-1978 Ordinance of Estimates; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held
on the 5th day of April, 1978, all in accordance with
Article VI, Section 2(h)(2) of the 1964 revised Charter
of Baltimore City.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2(h)(2) of the 1964 revision of the Charter of
Baltimore City, the sum of One Thousand Dollars ($1,000)
shall be made available to the Mayor's Advisory Committee
on Art and Culture of the City of Baltimore as a supple-
mentary special fund appropriation for the fiscal year end-
404 ORDINANCES Ord. No. 718
ing June 30, 1978 for the purpose of promoting the opening
of School #33 as an Art Center. The amount thus made
available as a supplementary special fund appropriation
shall be expended from a grant of funds to the Mayor and
City Council of Baltimore by the Maryland Arts Council,
State Department of Economic and Community Develop-
ment, said sum being specifically allotted to the Mayor
and City Council of Baltimore for the aforesaid purpose;
and said funds from said Maryland Arts Council, State
Department of Economic and Community Development shall
be the source of revenue for this supplementary special
fund appropriation, as required by Article VI, Section 2(h)
of the 1964 revised Charter of Baltimore City.
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved May 12, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 718
(Council No. 1556)
An Ordinance to add new Section 113 (5a) to Article 31
of the Baltimore City Code (1976 Edition), title 'Transit
and Traffic, subtitle "Impounding'', designating both sides
of Mount Vernon Place between the east and west drives
of Washington Place as an impounding area.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That new Section 113 (5a) be and it is hereby
added to Article 30 of the Baltimore City Code (1976 Edi-
tion), title "Transit and Traffic", subtitle "Impounding",
to read as follows:
141.
(5b) Mt. Vernon Place, both sides, between the east
and west drives of Washington Place.
ORDINANCES 405
Sec. 2. And be it further ordained, That this ordinance
shall take effect on the date of passage.
Approved May 12, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 719
(Council No. 1557)
An Ordinance to add new Section 105 (1) to Article 31 of
the Baltimore City Code (1977 Edition), title "Transit
and Traffic", subtitle "Impounding Areas", designating
the east side of Eutaw Street between Madison and
Biddle Streets as an impounding area.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That new Section 105(1) be and it is hereby
added to Article 31 of the Baltimore City Code (1977
Edition), title "Transit and Traffic", subtitle "Impounding
Areas", to read as follows :
105. E Streets
(1) Eutaw Street, east side, from Madison Street to
Biddle Street.
Sec. 2. And be it further ordained, That this ordinance
shall take effect on the date of its passage.
Approved May 12, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 720
(Council No. 1518)
An Ordinance to add new Section 37(p-ll) 40 (HH) to Ar-
ticle 1 of the Baltimore City Code {1M% 1976 Edition),
406 ORDINANCES Ord. No. 720
title "Mayor, City Council and Municipal Agencies", sub-
title "Commission for Historic and Architectural Preser-
vation", to follow immediately after Soction 37(p 10)
thereof, declaring the area located within certain de-
scribed boundaries to be the Waverly Historic and Archi-
tectural Preservation District.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That new Section 37(p 11) 40 (HH) be and it
is hereby added to Article 1 of the Baltimore City Code
(4&GS 1976 Edition), title "Mayor, City Council and Mu-
nicipal Agencies", subtitle "Commission for Historic and
Architectural Preservation", to follow immodiatoly aftor
Soction 37(p-10) thoroof, and to read as follows :
40.
(hh) Waverly District. The area located within the
boundaries set forth in this subsection is hereby declared
to be a Historic and Architectural District, and may be
referred to as Waverly Historic and Architectural District:
Beginning for the same at the point formed by the in-
tersection of the north side of E. 34-th Street, as now laid
out 66 feet wide and the east side of Old York Road, as
now laid out 50 feet wide, and running thence binding on
the east side of said Old York Road, Northerly 18 % feet,
more or less, to the north outline of the property known
as No. 31+11 Old York Road; thence binding in part on the
north outline of said property, in part on the north side
of an alley in the rear of said property, and in all, Easterly
1U3 feet, more or less, to the east side of said alley;
thence binding on the east side of said alley, Southerly 5
feet, more or less, to the north side of a 10 foot alley;
thence binding on the north side of said 10 foot alley,
Easterly 31 feet, more or less, to the northwest corner of
the property known as No. 612 E. 3Uth Street; thence
binding on the north outline of the properties known as
No. 612 through and including 620/22 E. 3Uth Street,
Easterly 372 feet, more or less, to the east outline of the
property known as No. 620/22 E. 3Uth Street; thence bind-
ing in part on the east outline of last said property, in
part on the line of the east outline of last said property,
if projected southerly, and in all, Southerly 153 feet, more
ORDINANCES 407
or less, to intersect the south side of said E. 34th Street;
thence binding on the south side of said 34th Street, West-
erly 104 feet, more or less, to intersect the centerline of
Tinges Lane, as now laid out 20 feet wide; thence binding
on the centerline of said Tinges Lane, Southerly 224 feet,
more or less, to intersect the north side of V enable Avenue,
as noio laid out 40 feet wide; thence binding on the north
side of said V enable Avenue, Westerly 162 feet, more or
less, to the west outline of the property known as No. 621
E. 34th Street;
thence binding on part of the west outline of last said
property, Northerly 105 feet, more or less, to the center-
line of a 10 foot alley, laid out in the rear of the properties
known as Nos. 619 through and including 601 E. 34th
Street; thence binding on the centerline of last said 10
foot alley, Westerly 299 feet, more or less, to intersect
the east side of said Old York Road and thence binding
on the east side of said Old York Road, Northerly 1 73 feet,
more or less, to the place of beginning.
Sec. 2. And be it further ordained, That this ordinance
shall take effect thirty days from the date of passage.
Approved May 17, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 721
(Council No. 1552)
An Ordinance to repeal and reordain Ordinance 430, ap-
proved July 25, 1977, entitled "An Ordinance providing
for a supplementary special loan fund appropriation in
the amount of One Hundred Nineteen Thousand Dollars
($119,000) to the Department of Housing and Community
Development to be used for equipment acquisition under
the Maryland Industrial Development Financing Au-
thority and City Ordinance 429 in accordance with the
provisions of Article VI, Section 2(h) (3) of the Balti-
more City Charter (1964 Revision) ", amending the sec-
408 ORDINANCES Ord. No. 722
ond recital appearing at lines 14 thru 17 of said
ordinance to conform with commitment of Maryland
Industrial Development Financing Authority.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That Ordinance 430, approved July 25, 1977,
entitled "An Ordinance providing for a supplementary
special loan Fund appropriation in the amount of One
Hundred Nineteen Thousand Dollars ($119,000) to the De-
partment of Housing and Community Development to be
used for equipment acquisition under the Maryland Indus-
trial Development Financing Authority and City Ordinance
429 in accordance with the provisions of Article VI, Section
2(h)(3) of the Baltimore City Charter (1964 Revision)",
be repealed and reordained with an amendment to the
second recital appearing at lines 14 thru 17 thereof to
read as follows:
Whereas, the money appropriated herein represents the
proceeds of an Industrial Development Loan partially guar-
anteed by the Maryland Industrial Development Financing
Authority; and
Sec. 2. And be it further ordained, that this ordinance
shall take effect on the date of its passage.
Approved May 22, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 722
(Council No. 1342)
An Ordinance to waive Paragraph 2138 of Article 32 of the
Baltimore City Code (4££S 1976 Edition), said article
being known generally as the Building Code of Baltimore
City, in order to permit the construction and maintenance
of a metal pole shopping cart barrier erected not more
than six feet from the west wall of the improvements
ORDINANCES 409
known as 517 South Broadway in the adjoining sidewalk
area.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That paragraph 2138 of Article 32 of the
Baltimore City Code (±£S£ 1976 Edition), be waived in
order to permit the construction and maintenance of a metal
pole shopping cart barrier erected not more than six feet
from the west wall of the improvements known as 517
South Broadway in the adjoining sidewalk area.
SEC. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved June 7, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 723
(Council No. 1444)
An Ordinance to amend Sheet 46 of the Zoning Maps of
Article 30 of the Baltimore City Code (1966 Edition),
title "Zoning" (Ordinance No. 1051, approved April 20,
1971), by changing the following zoning districts in
the Johnson JOHNSTON Square Urban Renewal Project :
from the R-8 Zoning District to the B-3-3 Zoning District,
the properties known as 1022 through 1042 Homewood
Avenue and 1025 through 1037 Hubbard Alley, as out-
lined in red on the plat accompanying this Ordinance.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That Sheet 46 of the Zoning District Maps of
Article 30 of the Baltimore City Code (1966 Edition), title
"Zoning" (Ordinance No. 1051, approved April 20, 1971)
be and it is hereby amended by changing from the R-8
Zoning District to the B-3-3 Zoning District the properties
known as 1022 through 1042 Homewood Avenue and 1025
through 1037 Hubbard Alley as outlined in red on the plat
accompanying this Ordinance.
410 ORDINANCES Ord. No. 724
Sec. 2. And be it further ordained, That upon passage
of this Ordinance by the City Council, as evidence of the
authenticity of the plat which is a part hereof and in order
to give notice to the Departments which are administering
the Zoning Ordinance, the President of the City Council
shall sign the plat and when the Mayor approves the
Ordinance he shall sign the plat. The City Treasurer shall
then transmit a copy of the Ordinance and one of the plats
to the following: the Board of Municipal and Zoning Ap-
peals, the Planning Commission, the Commissioner of the
Department of Housing and Community Development, and
the Zoning Administrator.
Sec. 3. And be it further ordained, That this ordinance
shall take effect on the date of its passage.
Approved June 7, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 724
(Council No. 1470)
An Ordinance to repeal and reordain with amendments Sec-
tions 177 A(5) 145(5) and 177 B(5) 146(5) of Article
19 of the Baltimore City Code (IMS 1976 Edition), title
"Police Ordinances", subtitle "Special Sanitary Enforce-
ment Officers — Citations", as ordained by Ordinance No,
£££, 4&T4, an4 amended by Ordinance No. 573, 1977, and
to repeal and reordain with amendments Section 4£P 41
of Article 11 of the Baltimore City Code (4£SG 1976 Edi-
tion) title "Health", subtitle "Animal Control", as
ordained by Ordinanco £ter 70§r 1974, providing for is-
suance of citations and imposition of penalties for certain
violations of the animal control law.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That Sections 177 A(5) 145(5) and 177 B(5)
146(5) of Article 19 of the Baltimore City Code (43GG 1976
Edition), title "Police Ordinances", subtitle "Special Sani-
ORDINANCES 411
tary Enforcement Officers — Citations", as ordainod ky Ordi-
nance 5Q&, 1974, a»4 amended by Ordinance 573, 1977, be
and they are hereby repealed and reordained with amend-
ments to read as follows :
177 A. 145. Issue of citation where prior legal notice is not
required.
4^. Violation of Soctionc 16D(j), 16E(h), 16F(b),
16C(a), W.^W, 161(c), my 4$h a*** 16L(d) of the
Animal Control Ordinanco, Q&k TO&r approved August 23,
1974, as amondod from time to time;
(5) VIOLATIONS OF SECTIONS 27 (J), 28(H),
29(B), 30(A), (B), (C), (D), 32(C), (F), (G), AND
35(D) OF THIS SUBTITLE, AS AMENDED FROM
TIME TO TIME:
Violations involving the use of a license tag on an
animal for which it was not issued, or removal of
such license tag from the collar of an animal without
the consent of the owner [$20.00] $25.00
Violations involving the failure to obtain a permit
before opening any kennel, commercial animal es-
tablishment, or animal shelter [$20.00] $25.00
Violations involving the failure to humanely dis-
pose of all animals owned, kept or harbored after
revocation of permit or license $25.00
Violations involving the failure to keep a dog
under restraint by leash or otherwise, or confined
within the real property limits of its owner [$25.00] $50.00
Violations involving failure to exercise proper
care and control over animals to prevent them from
becoming a public nuisance [$25.00] $50.00
Violations involving the failure to keep a female
dog or cat in heat confined in a building or secure
enclosure so that such female dog or cat cannot
come into contact with a male dog or cat _ $25.00
$50.00
Violations involving the failure to keep every
vicious or dangerous animal confined within a build-
412 ORDINANCES Ord. No. 724
ing or secure enclosure, or securely cage or muzzled
and leashed whenever off the premises of the
owner [$25.00] $50.00
Violations involving the abandonment of an ani-
mal by its owner [$25.00] $50.00
Violations involving the failure of a motor vehicle
operator who strikes a domestic animal to stop at
once and render assistance and to immediately re-
port such injury or death to the animal's owner
and to the Baltimore City Police Department $25.00
Violations involving the exposure of any known
poisonous substance, except rat poison approved by
the Commissioner of Health, so that the same shall
be liable to be eaten by any animal $25.00
Violations involving the failure of an owner of
any animal who has bitten, scratched or exposed
any person to a possible rabies infection to report
such facts to the Commissioner of Health and the
Baltimore City Police Department and to confine
and to have said animal examined as the Commis-
sioner of Health shall direct [$25.00] $50.00
111 B; 146. Issue of citation when prior legal notice is
required.
4£> Vitiation e£ Sections 16D(a), 4^h 46E(a), 161(a),
4b4r Uh -Wr 16J(a), 4b)r 16K(a), Wt 16L(a), 4&h as4
lCM(a> e£ the Animal Control Ordinance, Ordinance 1Q&,
approved August 2^ 1974, as amendeek-
(5) VIOLATIONS OF SECTIONS 27(A), (E), 28(A),
32(A), (B), (D), (E), 33(A), (B). 34(A), (B), 35(A),
(B), AND 36(A) OF THIS SUBTITLE:
Violations involving the failure of an owner to
obtain a license for any dog over four (4) months
of age [$10.00] $25.00
Violations involving the failure of an owner to
have an identification tag or collar on his dog when
out of doors [$10.00] $25.00
ORDINANCES 413
Violations involving the failure to obtain a permit
to operate a kennel, commercial animal establish-
ment, veterinary hospital, animal clinic, or animal
shelter $25.00
Violations involving the failure of an owner to
provide his animals with sufficient wholesome food
and water, proper shelter and protection from the
weather, veterinary care when needed to prevent
suffering, and humane care and treatment, including
sufficient exercise space $25.00
Violations involving the actions of any person to
beat, cruelly ill treat, torment, overload, overwork,
or otherwise abuse any animal, or cause, instigate
or permit any dog fight, cock fight, bull fight, or
other combat between animals or between animals
and humans [$25.00] $50.00
Violations involving the sale of chickens or duck-
lings younger than eight weeks of age in quantities
of less than twenty-five to a single purchaser $25.00
Violations involving the giving away of any live
animal, fish, reptile or bird as a prize for, or as an
inducement to enter, any contest, game, or other
competition, or as an inducement to enter a place
of amusement; or offer such vertebrate as an in-
centive to enter into any business agreement where-
by the offer was for the purpose of attracting trade $25.00
Violations involving the possession of any wild,
vicious or dangerous animal for display or for ex-
hibition purposes [$20.00] $50.00
Violations involving the failure to obtain a per-
mit to keep any wild animal as a pet [$20.00] $50.00
Violations involving a performing animal exhi-
bition or circus in which animals are induced or
encouraged to perform through the use of chemical,
mechanical, electrical or manual devices in a manner
which will cause, or is likely to cause, physical
injury or suffering _ [$25.00] $50.00
414 ORDINANCES Ord. No. 724
Violations involving the failure of any person
who owns or harbors a dog or cat over the age of
four months to obtain a valid rabies vaccina-
tion [$20.00] $50.00
Violations involving the failure of any owner to
remove any excreta deposited by his animal (s) on
public walks, recreation areas or private prop-
erty [$15.00] $50.00
Sec. 2. And be it farther ordained, That Section 44P
41 of Article 11 of the Baltimore City Code (4&SG 1976 Edi-
tion), title "Health", subtitle "Animal Control", as
ordained by Ordinanco Nor 708, 1974, be and it is hereby
repealed and reordained with amendments to read as
follows :
Sec. 44Py 41, Violation Notice, Hearing, Appeal and Pen-
alties.
(a) Whenever the Commissioner of Health has reason
to believe that a provision of this ordinance has been
violated, he may cause written notice to be served upon
the alleged violator. Such notice shall specify the provision
of this ordinance alleged to have been violated and the
facts alleged to constitute a violation and shall include
and order that corrective action be taken within a reason-
able time considering the corrective action to be taken
as specified by the Commissioner of Health. Any such
order shall become final at the expiration of the notice
unless the person named therein requests in writing a
hearing.
(b) Upon such request, the Commissioner of Health or
his designated hearing officer shall hold a hearing at which
all parties shall have the opportunity to be represented by
legal counsel. Within fifteen (15) days following the hear-
ing, the Commissioner of Health shall issue a written
opinion affirming, modifying or rescinding his order pre-
viously issued. The written opinion shall state the evidence
upon which the decision is based and shall include a notice
of the right of any aggrieved party to enter an appeal to
the Baltimore City Court.
ORDINANCES 415
(c) If corrective action is not taken by the violator
within the time specified in an order made pursuant to
subsection (a) above, and an appeal is not noted, the Com-
missioner of Health may institute in any Court of competent
jurisdiction such legal proceedings as he may deem neces-
sary concerning the order.
(d) All notices of violations or other notices shall be
served by registered or certified mail, or in person by the
Sanitary Enforcement Officers or other employees of the
Baltimore City Health Department.
(e) The Commissioner of Health shall review all licenses
issued to animal owners against whom three or more ordi-
nance violations have been assessed in a twelve-month
period and consideration shall be given to suspending or
revoking such licenses.
(f ) Any person violating any provision of this subtitle
shall be deemed guilty of a misdemeanor and shall be
punished by a fine of not less than Twenty-five Dollars
($25.00) nor more than five Hundred Dollars ($500.00).
If any violation be continuing, each day's violation shall be
deemed a separate violation.
(g) In addition to the provisions of subsections (a) -(f)
of this section, any person violating Sections 16D, 16E,
& I , <Co, J. Ua , tvtTj LvfvKv A. 01 y J. Oif ) A. Ox\.y J. 0 J-iy Or J. O Ivl *.<7 , 3\J,
AND 32, 33, 3J,, 35, OR 36 of this subtitle may be issued
a citation and fined in accordance with the provisions of
Sections 177 A and 177 B 145 AND US of Article 19 of
the Baltimore City Code (±&S£ 1976 Edition), as amended
from time to time.
Sec. 3. And be it further ordained, That this ordinance
shall take effect thirty days from the date of its passage.
Approved June 7, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
416 ORDINANCES Ord. No. 725
No. 725
(Council No. 1617)
An Ordinance to repeal Ordinance 345, approved June 1,
1973, Ordinance 371, approved June 14, 1973, Ordinance
535, approved February 21, 1974, Ordinance 794, ap-
proved February 10, 1975, and Ordinance 852, approved
April 10, 1975; and to repeal and reordain, with amend-
ments, Ordinance 138, approved July 30, 1976, concerning
reserved parking on a portion of the south side of Wilkes
Lane west of Calvert Street.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That Ordinance 345, approved June 1, 1973,
Ordinance 371, approved June 14, 1973, Ordinance 535, ap-
proved February 21, 1974, Ordinance 794, approved February
10, 1975, and Ordinance 852, approved April 10, 1975, be and
they are hereby repealed, and that Ordinance 138, approved
July 30, 1976, be and it is hereby repealed and reordained,
with amendments, to read as follows :
Wilkes Lane, southerly side, from Calvert Street to a
point 35' west of Calvert Street — parking reserved for dis-
abled person, Harry L. Chase.
Wilkes Lane, southerly side, from a point £59'] 35' west
of Calvert Street to a point 1791 59' west of Calvert Street
— parking reserved for disabled person, Samuel A. Tucker.
Wilkes Lane, southerly side, from a point 179'] 59' west
of Calvert Street to a point [1751 171' west of Calvert
Street — parking reserved for vehicles of the Public De-
fenders Office.
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved June 7, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
ORDINANCES 417
No. 726
(Council No. 1637)
An Ordinance authorizing and providing" for the issuance
and sale by Mayor and City Council of Baltimore of its
industrial development revenue bond, to be designated
"City of Baltimore, Maryland Industrial Development
Revenue Bond (The Mudge Paper Company Project)",
in the principal amount of $1,000,000, pursuant to the
provisions of Sections 266A to 266-1, inclusive, of Article
41 of the Annotated Code of Maryland (1978 Replace-
ment Volume), as amended, in order to loan the proceeds
thereof to The Mudge Paper Company, a Maryland cor-
poration, for the sole and exclusive purpose of financing
the acquisition by The Mudge Paper Company of a cer-
tain industrial building in the City of Baltimore, as pro-
vided in this Ordinance; making certain legislative find-
ings, among others, concerning the public benefit and
purpose of such industrial development revenue bond;
providing that such industrial development revenue bond
(a) shall be payable solely and only from (i) revenue
derived from payments by The Mudge Paper Company
to Mayor and City Council of Baltimore on account of
such loan, (ii) any and all moneys realized from the
sale of collateral (including such industrial building)
for such loan, and (iii) any and all moneys received
under the guaranty agreement hereinafter mentioned,
and (b) shall not ever constitute, within the meaning
of any constitutional or charter provision or otherwise,
(i) an indebtedness of Mayor and City Council of Balti-
more or of any other political subdivision, or (ii) a
charge against the general credit or taxing powers of
Mayor and City Council of Baltimore; authorizing the
private (negotiated) sale of such industrial development
revenue bond; prescribing certain details pertaining to
such industrial development revenue bond, including
(without limitation) (a) the amount, date and maturity
thereof, (b) the interest rate to be paid thereon, (c) the
prepayment provisions relating thereto, (d) the form
and tenor thereof, and (e) the terms and conditions
thereof and security therefor; approving the form and
contents, and authorizing the execution and delivery, of
418 ORDINANCES Ord. No. 726
various documents necessary to effectuate the aforemen-
tioned borrowing and lending, including (a) such indus-
trial development revenue bond, (b) the loan agreement
between Mayor and City Council of Baltimore and The
Mudge Paper Company evidencing the aforesaid loan,
(c) the assignment by which Mayor and City Council of
Baltimore assigns its rights in and to the loan agreement
and the deed of trust referred to below as security for
such industrial development revenue bond, and (d) the
trust agreement between The Mudge Paper Company and
certain individual trustees designated by the purchaser
of such industrial development revenue bond, pursuant to
which the proceeds of such loan are to be deposited in
trust and held, invested and disbursed by such indi-
vidual trustee as therein provided; describing and au-
thorizing approval of various other documents necessary
to secure and guarantee the aforementioned borrowing,
including (a) the deed of trust between The Mudge
Paper Company and certain individual trustees desig-
nated by the purchaser of such industrial development
revenue bond, covering such industrial building and the
land appurtenant thereto as security for such loan, and
(b) the guaranty agreement to be executed and delivered
by The Mudge Paper Company, pursuant to which The
Mudge Paper Company fully and unconditionally guar-
antees the payment of the principal of and interest on
such industrial development revenue bond; authorizing
the Commissioners of Finance of the City to approve the
final form and contents of such industrial development
revenue bond and such other documents; and generally
providing for and determining various matters in con-
nection with the authorization, issuance, security, sale,
and payment of such industrial development revenue
bond.
RECITALS
Sections 266A to 266-1, inclusive, of Article 41, of the
Annotated Code of Maryland (1978 Replacement Vol-
ume), as amended, (the "Act") empowers all counties
and municipalities of the State of Maryland to issue
revenue bonds and to loan the proceeds of the sale of
such revenue bonds to an industrial concern to finance
the acquisition (as denned in the Act) by such industrial
ORDINANCES 419
concern of industrial buildings (as denned in the Act).
The Act declares it to be the legislative purpose to re-
lieve conditions of unemployment in the State, to en-
courage the increase of industry and a balanced economy
in the State, to assist in the retention of existing in-
dustry in the State through the control, reduction or
abatement of pollution of the environment (where pro-
ceeds of the bonds are used for that purpose), to pro-
mote economic development, to protect natural resources
and in this manner to promote the health, welfare and
safety of the residents of each of the counties and mu-
nicipalities of the State of Maryland.
Mayor and City Council of Baltimore (the "City") has
determined to issue and sell its City of Baltimore, Mary-
land Industrial Development Revenue Bond (The Mudge
Paper Company Project), in the principal amount of
$1,000,000 (the "Bond"), and to loan the proceeds of
the Bond to The Mudge Paper Company, a Maryland
corporation (the "Company"), and an industrial concern
as mentioned in the Act, on the terms and conditions set
forth in the Loan Agreement to be entered into by and
between the City and the Company (the "Loan Agree-
ment"), as provided by this Ordinance (such loan being
herein referred to as the "Loan"), in order to finance
the acquisition (within the meaning of the Act) by the
Company of a certain industrial building (within the
meaning of the Act) in the City of Baltimore (the "In-
dustrial Building"), in order to relieve conditions of un-
employment in the State of Maryland and in the City of
Baltimore, and thus encourage economic development,
and to protect the health, welfare and safety of the citi-
zens of the State of Maryland and the City of Baltimore.
The Bond will be sold at private (negotiated) sale to
Mercantile-Safe Deposit and Trust Company, a Mary-
land banking corporation (the "Bank").
The Company will execute and deliver to the Bank as
agent for the holder of the Bond (hereinafter defined)
(a) a Deed of Trust between the Company and certain
individual trustees designated by the Bank (the "Deed
of Trust"), conveying the Industrial Building and the
land appurtenant thereto to such trustees as security for
the Loan; and (b) a Guaranty Agreement pursuant to
420 ORDINANCES Ord. No. 726
which the Company will fully and unconditionally guar-
antee to the Bank as agent for the holder of the Bond
the payment of the principal of and interest on the Bond.
In order to insure that the proceeds of the Bond (and
the Loan) will be used for the purposes set forth in the
Act, the Company will enter into a Trust Agreement
with certain individual trustees designated by the Bank
(the "Trust Agreement"), pursuant to which the pro-
ceeds of the Loan will be deposited with such trustees
and held, invested and disbursed by such trustees as
therein provided.
This Ordinance authorizes and empowers the City to
enter into and consummate a transaction which the Com-
pany proposed to the City, in accordance with Section
266B(d) of the Act, by a letter of intent dated December
29, 1977, (the "Letter of Intent") which Letter of Intent
was accepted by the Mayor of the City on February 1,
1978, and was approved by the Board of Estimates of
the City on February 1, 1978, with a subsequent approval
on April 12, 1978 (approving the substitution of the
Bank in place of Maryland National Bank, as the pur-
chaser of the Bond), subject to the passage of this
Ordinance.
NOW, THEREFORE, in accordance with the terms
and provisions of the Act and the Charter of Mayor and
City Council of Baltimore :
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That acting pursuant to the Act, it is hereby
found and determined as follows :
(1) The issuance and sale of the Bond by the City
pursuant to the Act in order to lend the proceeds thereof
to the Company for the sole and exclusive purpose of fi-
nancing the acquisition (within the meaning of the Act)
of the Industrial Building will facilitate and expedite the
acquisition of the Industrial Building by the Company;
(2) The acquisition of the Industrial Building by the
Company and the financing thereof as provided in this
Ordinance will promote the declared legislative purposes of
the Act by (a) sustaining jobs and employment, thus re-
ORDINANCES 421
lieving conditions of unemployment in the State of Mary-
land and in the City of Baltimore; (b) encouraging the
increase of industry and a balanced economy in the State
of Maryland and in the City of Baltimore; (c) assisting
in the retention of existing industry in the State of Mary-
land and in the City of Baltimore; (d) promoting economic
development; and (e) promoting the health, welfare and
safety of the residents of the City of Baltimore and of the
State of Maryland.
(3) In addition to authorizing the City itself to acquire
the Industrial Building and either to lease or to sell the
same to the Company, the Act as an alternative procedure,
also authorizes industrial building financing to be accom-
plished in the form of a loan to the Company. The loan
form of transaction avoids indirect costs and burdens on
the City by not requiring any direct involvement by the
City in the acquisition, ownership or administration of the
Industrial Building, while permitting ample controls to be
imposed on the use of the proceeds of the Bond to insure
that the public purposes of the Act and the Bond are fully
accomplished. It is, therefore, in the best interests of the
citizens of the City, to finance the acquisition of the In-
dustrial Building by a loan to the Company. This Ordinance
contemplates and authorizes a transaction in the form of a
loan of the proceeds of the Bond by the City to the Com-
pany, rather than a transaction in the form of a lease or
sale of the Industrial Building. Accordingly, this Ordinance,
together with the Loan Agreement described in Section 11
hereof, contains such provisions as the City deems appro-
priate to effect the financing of the acquisition by the
Company of the Industrial Building by the loan form of
transaction.
(4) Neither the Bond, nor the interest thereon, will
constitute (a) a general obligation of the City, or (b) a
charge against, or pledge of the general credit or taxing
powers of the City, or (c) a debt of the City, all within
the meaning of Section 7 of Article XI of the Constitution
of Maryland or any other constitutional, statutory or char-
ter provision or limitation, and neither shall ever consti-
tute or give rise to any pecuniary liability on the part of
the City. The principal of and interest on the Bond shall
be payable from, and secured by, (a) an assignment of (i)
422 ORDINANCES Ord. No. 726
the revenues realized, and the collateral pledged, under the
Loan Agreement, (ii) the City's right, title and interest
in and to, and remedies under, the Deed of Trust, and (iii)
any and all moneys received under the Guaranty Agree-
ment. The principal amount of the Loan and the repay-
ments to be made by the Company pursuant to the Loan
Agreement authorized hereby will be paid directly to the
Bank to be held and disbursed by the Bank as agent for
the holder of the Bond as provided in this Ordinance. No
such moneys will be commingled with the City's funds or
will be subject to the absolute control of the City, but only
to such limited supervision and checks as are deemed
necessary or desirable by the City to insure that the pro-
ceeds of the Bond are used to accomplish the public pur-
poses of the Act and this Ordinance. The transactions au-
thorized hereby do not constitute the acquisition of prop-
erty for public use or the purchase of equipment for public
use. The public purposes expressed in the Act are to be
achieved by facilitating the acquisition of the Industrial
Building by the Company.
(5) The City will acquire no interest in the Industrial
Building other than the interest granted under the Deed
of Trust and the Loan Agreement and any general interest
in the Company's property shared by all holders of the
Company's obligations which rank and are secured equally
with the Company's obligation pursuant to the Loan Agree-
ment. The security for the Bond shall be solely and ex-
clusively (a) the absolute, irrevocable and unconditional
obligation of the Company to make the payments required
by the Loan Agreement, (b) moneys realized from any and
all collateral (including the Industrial Building) pledged
as security for the Loan, and (c) the full and unconditional
guaranty by the Company of the payment of the principal
of and interest on the Bond.
(6) None of the receipts and revenues of the City from
the Loan Agreement shall be set aside as a depreciation
account (mentioned in the Act), since neither the City nor
the Bank desire, or are creating, any interest in the In-
dustrial Building (other than the interest created under
the Deed of Trust and the Loan Agreement and any in-
terest shared by all holders of the Company's obligations
ranking on a parity with the Company's obligation pursuant
ORDINANCES 423
to the Loan Agreement) . Such a depreciation account would
(i) be inconsistent with the transaction authorized hereby,
and (ii) place an unreasonable burden on the Company so
as to adversely affect the feasibility of the transaction
and thus frustrate the legislative purposes of the Act.
(7) The best interests of the City will be served by sell-
ing the Bond to the Bank at private (negotiated) sale, as
authorized by the Act, upon terms and conditions approved
by the City as set forth in this ordinance.
Sec. 2. Be it further ordained, That the following terms
shall have the following meanings for all purposes of this
Ordinance, unless the context clearly otherwise requires:
"Acquisition" or "acquisition" means, when used in re-
gard to the Industrial Building, the acquisition of the In-
dustrial Building as such meaning is intended in the Act,
and shall include, where applicable, and without limitation,
the purchase, construction, rehabilitation, remodeling, ex-
tension, equipping and permanent improvement of the In-
dustrial Building.
"Act" means Chapter 352 enacted by the 1972 Session
of the General Assembly of Maryland, as amended, being
Sections 266A to 266-1, inclusive, of Article 41 of the An-
notated Code of Maryland (1978 Replacement Volume), as
amended.
"Assignment" means the Assignment by which the City
assigns to the Bank as agent for the holder of the Bond all
of its right, title and interest in and to, and remedies under,
the Loan Agreement and moneys due and to become due
thereunder, and all collateral pledged thereunder, and all
of its right, title and interest in and to, and remedies under,
the Deed of Trust, all as set forth therein, which Assign-
ment shall be substantially in the form set forth in Section
12 of this Ordinance.
"Bank" means Mercantile-Safe Deposit and Trust Com-
pany, a Maryland banking corporation, its successors and,
except for a subsequent purchaser of the Bond, its assigns.
"Bank as agent for the holder of the Bond" means the
Bank acting in its fiduciary capacity as agent for the holder
424 ORDINANCES Ord. No. 726
of the Bond, performing the functions described in this
Ordinance and in the Assignment.
"Bond" means the City's City of Baltimore, Maryland
Industrial Development Revenue Bond (The Mudge Paper
Company Project) in the principal amount of $1,000,000
to be issued and sold pursuant to this Ordinance without
pecuniary liability on the part of the City as therein set
forth, which Bond shall be substantially in the form set
forth in Section 3 of this Ordinance. In the event the Bond
is at any time exchanged for serial bonds as set forth in
Section 9 of this Ordinance, then, and in that event, the
term "Bond" shall mean such serial bonds.
"City" means Mayor and City Council of Baltimore, a
body politic and corporate and a political subdivision of
the State of Maryland, its successors and assigns.
"Company" means The Mudge Paper Company, a Mary-
land corporation, its successors and permitted assigns.
"Deed of Trust" means the first lien Deed of Trust to be
dated as of the date of delivery of the Bond, between the
Company and certain individual trustees designated by the
Bank, covering the Industrial Building (including the land
appurtenant thereto) as security for the Loan, which Deed
of Trust shall be in a form and contain such provisions as
the Mayor COMMISSIONERS OF FINANCE of the City
shall approve, as set forth in Section 14 of this Ordinance.
"Guaranty Agreement" means the Guaranty Agreement
to be dated as of the date of delivery of the Bond, to be
executed and delivered to the Bank by the Company where-
by the Company fully and unconditionally guarantees to
the Bank as agent for the holder of the Bond the payment
of the principal of and interest on the Bond. The Guaranty
Agreement shall be in such form and contain such provi-
sions as the Mayor COMMISSIONERS OF FINANCE of
the City shall approve, as set forth in Section 15 of this
Ordinance.
"Holder of the Bond" or "holder of the Bond" means the
registered owner of the Bond, which may be the Bank.
"Industrial Building" means the Industrial Building more
particularly described in Exhibit A attached to, and made
ORDINANCES 425
a part of, the Loan Agreement, and is intended to have the
meaning ascribed to the term "industrial buildings" in the
Act, and shall also include the land appurtenant to such
Industrial Building.
"Loan" means the Loan in the principal amount of
$1,000,000 made by the City to the Company and evidenced
by and described in the Loan Agreement.
"Loan Agreement" means the Loan Agreement evidenc-
ing and securing the Loan, to be executed by the City and
the Company and to be dated as of the date of delivery of
the Bond. The Loan Agreement shall be substantially in the
form set forth in Section 11 of this Ordinance.
"Ordinance" means this Ordinance.
"Trust Agreement" means the Trust Agreement to be
dated as of the date of delivery of the Bond, between the
Company and certain individual trustees designated by the
Bank, pursuant to which the proceeds of the Loan are to be
deposited in trust with the Trustees (hereinafter denned),
and held, invested and disbursed by the Trustees as therein
provided. The Trust Agreement shall be substantially in
the form set forth in Section 13 of this Ordinance.
"Trustees" means the individual trustees designated by
the Bank and acting as Trustees under the Trust Agree-
ment, or their successors in trust who may be acting under
and pursuant to the Trust Agreement from time to time.
Sec. 3. Be it further ordained. That, subject to the pro-
visions of this Ordinance, the City is authorized and em-
powered, pursuant to the Act, to issue and sell its City of
Baltimore, Maryland Industrial Development Revenue Bond
(The Mudge Paper Company Project) in the principal
amount of $1,000,000, such Bond to be solely and exclu-
sively payable from the revenue derived by the City from
payments on the Loan by the Company, and secured by the
Assignment and the Guaranty Agreement, as provided
herein and therein. The Bond shall be designated "City of
Baltimore, Maryland Industrial Development Revenue Bond
(The Mudge Paper Company Project)", and shall be dated
as of June 1, 1978.
The Bond shall bear interest on the unpaid principal
amount thereof, commencing on the date of its delivery,
426 ORDINANCES Ord. No. 726
at the rate of 6Vfe% per annum (calculated on the basis of
a 360-day year factor applied to actual days elapsed) ; pro-
vided, however, that during any period in which the interest
payable on the Bond is includible in the gross income (as
denned in Section 61 of the Internal Revenue Code of 1954,
as amended) of the holder of the Bond, the rate of interest
payable on the unpaid principal amount of the Bond shall
be increased to the rate of 10%% per annum (calculated
on the basis of a 360-day year factor applied to actual
days elapsed).
The principal of and interest on the Bond shall be pay-
able in lawful money of the United States of America at
the time of payment as follows :
(a) interest on the outstanding principal balance shall
be due and payable semi-annually on the first days of Jan-
uary and July in each year, commencing on January 1,
1979, continuing to and including July 1, 1994, or until the
principal amount shall have been paid in full ;
(b) commencing on July 1, 1979, continuing to and in-
cluding July 1, 1994, the principal amount shall be paid in
31 equal, consecutive semi-annual installments of $32,258.06
each, payable on the first days of January and July in
each year;
(c) the Bond will mature, and the entire unpaid bal-
ance of the principal thereof and all accrued and unpaid
interest thereon shall be due and payable on July 1, 1994;
and
(d) all payments received shall be applied first to in-
terest and the balance to principal.
The Bond, which may be printed or typewritten, shall be
substantially in the following form, and the form, with
such changes therein (including the prepayment record to
be attached) as the Commissioners of Finance of the City
shall approve, and all of the covenants and conditions
therein contained, is hereby adopted by the City as and for
the form and tenor of the obligation to be incurred by it,
and such covenants and conditions, including the promise
to pay therein contained, are hereby made binding upon
the City.
ORDINANCES 427
FORM OF BOND
$1,000,000 June 1, 1978
UNITED STATES OF AMERICA
STATE OF MARYLAND
CITY OF BALTIMORE, MARYLAND
INDUSTRIAL DEVELOPMENT REVENUE BOND
(THE MUDGE PAPER COMPANY PROJECT)
FOR VALUE RECEIVED, Mayor and City Council of
Baltimore, a body politic and corporate and a political sub-
division of the State of Maryland (the "City"), hereby
promises to pay, solely from the special fund provided
therefor as below set forth, to Mercantile-Safe Deposit
and Trust Company or its successor (the "Bank"), or its
registered assigns, the principal sum of ONE MILLION
DOLLARS, with interest on the unpaid principal amount
hereof from , 1978, at the rate of 6%% per
annum (calculated on the basis of a 360-day year factor
applied to actual days elapsed) ; provided, however, that
during any period in which the interest payable on the
Bond is includible in the gross income (as defined in Section
61 of the Internal Revenue Code of 1954, as amended) of
the holder of the Bond, the rate of interest payable on the
unpaid principal amount hereof shall be at the rate of
10%% per annum (calculated on the basis of a 360-day
year factor applied to actual days elapsed).
The principal hereof and interest hereon shall be paid
in lawful money of the United States of America at the
time of payment as follows :
(a) interest on the outstanding principal balance shall
be due and payable semi-annually on the first days of Jan-
uary and July in each year, commencing on January 1,
1979, continuing to and including July 1, 1994, or until the
principal amount shall have been paid in full ;
(b) commencing on July 1, 1979, continuing to and
including July 1, 1994 the principal amount shall be paid in
31 equal, consecutive semi-annual installments of $32,258.06
each, payable on the first days of January and July in
each year;
(c) this Bond will mature, and the entire unpaid bal-
ance of the principal hereof and all accrued and unpaid
428 ORDINANCES Ord. No. 726
interest hereon shall be due and payable on July 1, 1994;
and
(d) all payments received shall be applied first to in-
terest and the balance to principal.
This Bond is issued pursuant to the authority of Sections
266A to 266-1, inclusive, of Article 41 of the Annotated
Code of Maryland (1978 Replacement Volume), as amended
(the "Act"), and pursuant to and under the authority of
an Ordinance of the City, approved by the Mayer of the
City on , 1978 (the "Ordinance"). Reference
is hereby made to the Ordinance for the provisions, among
others, with respect to (a) the nature and extent of the
security for this Bond, (b) the rights, duties and obliga-
tions of the City and the Bank (both in its individual cor-
porate capacity and as agent for the holder of this Bond),
(c) the terms upon which this Bond is issued and secured,
(d) the modification or amendment of any of the foregoing
or of the Loan Agreement (hereinafter defined), and (e)
the obligation of the holder hereof to indemnify the Bank
under certain circumstances; and, by the acceptance of
this Bond, the holder hereof assents to all of the provi-
sions of the Ordinance and agrees to be bound thereby.
This Bond is issued for the purpose of financing, in whole
or in part, the cost of the acquisition (as defined in the
Act) by The Mudge Paper Company, a Maryland corpora-
tion (the "Company") of a certain industrial building (as
defined in the Act) in the City of Baltimore (the "Indus-
trial Building") and paying expenses incidental thereto so
as to help relieve conditions of unemployment, to encourage
the increase of industry, and to help achieve a balanced
economy in the State of Maryland and in the City of
Baltimore.
This Bond is a limited obligation of the City, and the
principal hereof and interest hereon are payable solely
from (i) the moneys to be derived by the City under a
Loan Agreement dated , 1978, between the City
and the Company (the "Loan Agreement"), and the col-
lateral pledged thereunder, pursuant to which the proceeds
of the issuance and sale hereof are being loaned by the
City to the Company for the purpose of providing the
aforesaid financing, (ii) any and all moneys realized from
ORDINANCES 429
the sale of collateral (including the Industrial Building)
pledged as security for such loan, (iii) any and all moneys
received under the Guaranty Agreement dated ,
1978, between the Company and the Bank, and (iv) moneys
derived from all other security referred to in the Ordinance.
Neither this Bond nor the interest payable hereon shall
ever constitute an indebtedness or a charge against the
general credit or taxing powers of the City within the
meaning of any constitutional provision or statutory or
charter limitation, and neither shall ever constitute or give
rise to any pecuniary liability of the City.
Pursuant to the Loan Agreement, payments sufficient for
the prompt payment when due of the principal of and
interest on this Bond are to be paid by the Company di-
rectly to the Bank, to be held by the Bank as agent for the
holder of this Bond, in a separate and special fund created
by Section 4 of the Ordinance, to be used by the Bank as
agent for the holder of the Bond, for the payment of the
principal of and interest on this Bond.
The City may under certain circumstances prescribed in
Section 7 of the Ordinance be required to pay (but only
out of amounts made available to the City by the Company
or others for such purposes) all or part of the principal of
this Bond (plus accrued and unpaid interest) before ma-
turity upon the terms provided in Section 7 of the Ordi-
nance. In the event of partial prepayment, the holder
hereof shall surrender this Bond to the Bond Registrar
(hereinafter referred to), for notation hereon that this
Bond, to the extent of the amount prepaid, has been par-
tially prepaid. In the event of a partial prepayment of this
Bond, the sum applied to the prepayment shall be applied
to the prepayment of the semi-annual installments hereof
in the inverse order of their payment dates, except for
certain prepayments which, pursuant to Section 7 of the
Ordinance, shall be applied to the pro rata payment of all
remaining semi-annual installments so that each remaining
semi-annual installment hereof shall be reduced by an
amount equal to the amount of such prepayment divided
by the number of then remaining semi-annual installments
hereof. Reference is hereby made to Section 7 of the Ordi-
nance for the provisions relating to the prepayment of this
Bond, and, by the acceptance of this Bond, the holder
430 ORDINANCES Ord. No. 726
hereof assents to such prepayment provisions and agrees to
be bound thereby.
Notice of any such prepayment shall be given at least
two (2) banking days prior to the prepayment date by
mailing and telegraphing to the registered owner of this
Bond a notice fixing such prepayment date, the amount of
principal to be prepaid, the interest to be paid through the
prepayment date and the amount of any premium or addi-
tional interest payable on the prepayment date. The notice
required herein to be given may be waived by the registered
owner of this Bond.
All payments hereunder shall be made in immediately
available funds at the office of Mercantile-Safe Deposit
and Trust Company, 2 Hopkins Plaza, Baltimore, Mary-
land 21201. If any principal or interest payable hereon
falls due on any day other than a banking day at the Bank,
then such payment date shall be extended to the next
succeeding full banking day.
In the event any installment of principal or payment of
interest, or both, as hereinabove provided is not paid when
due and payable, such installment of principal or payment
of interest, or both, shall bear interest (which shall com-
mence to accrue on the 7th day following the day on which
such installment or payment was due and payable) at the
rate of eleven per centum (11%) per annum until paid.
This Bond shall be registered as to both principal and
interest. The Treasurer of the City shall serve as Bond
Registrar, and he shall keep at his principal office, for so
long as this Bond remains outstanding, books for the regis-
tration and transfer hereof. When used herein, the term
"holder of this Bond" shall mean the registered owner from
time to time of this Bond, and the initial holder of this
Bond shall be the Bank.
This Bond shall be transferable only upon the books
maintained by the Bond Registrar by the registered owner
hereof in person or by his attorney duly authorized in
writing, upon surrender hereof together with a written
instrument of transfer satisfactory to the Bond Registrar
duly executed by the registered owner or his duly au-
thorized attorney. This Bond is a "security" within the
ORDINANCES 431
meaning- of Title 8 of the Maryland Uniform Commercial
Code, and notwithstanding the provisions herein contained
for registration, is and shall remain, negotiable. The laws
of the State of Maryland shall govern the construction of
this Bond.
The City, the Bank as agent for the holder of the Bond,
and the Bond Registrar may deem and treat the person in
whose name this Bond shall be registered as the absolute
owner hereof, whether this Bond shall be overdue or not,
for the purpose of receiving payment of, or on account of,
the principal of and interest hereon and for all purposes,
and all such payments so made to such registered owner
or upon his order shall be valid and effectual to satisfy and
discharge the liability upon this Bond to the extent of the
sum or sums so paid, and neither the City nor the Bank
nor the Bond Registrar shall be affected by any notice to
the contrary.
Within 60 days after receipt of a written request from
the holder of this Bond (or within such longer period as
may be reasonably required for the authorization, issuance
and preparation of bonds) the City will take action neces-
sary to cause serial bonds to be duly authorized and issued,
to the extent permitted by applicable laws, in order that
this Bond may be exchanged for a series of serial bonds.
Any serial bonds so authorized and issued shall be sub-
stantially in the same form as this Bond, with only such
changes in amounts, dates and other details as may be
necessary. All such serial bonds shall (a) bear interest at
the same rate, and (b) be ratably and equally secured by,
and entitled to the benefits of, the Ordinance and the se-
curity for the repayment of this Bond provided for therein.
Any expenses incurred by the City in authorizing and
issuing any such serial bonds shall be paid by the Company.
IT IS HEREBY CERTIFIED, RECITED AND DE-
CLARED that all conditions, acts and things required by
the Constitution and laws of the State of Maryland and the
Charter of Mayor and City Council of Baltimore, to exist,
to have happened and to have been performed precedent to
and in the execution and delivery of this Bond exist, have
happened, and have been performed, and that the issuance
of this Bond, together with all other obligations of the
432 ORDINANCES Ord. No. 726
City, does not exceed or violate any constitutional or statu-
tory debt limitations.
IN WITNESS WHEREOF, MAYOR AND CITY COUN-
CIL OF BALTIMORE, has caused this Bond to be signed
by its Mayor by his manual signature, and has also caused
its corporate seal to be hereunto affixed and attested by
the manual signature of its Deputy Treasurer all as of the
1st day of June, 1978.
ATTEST
MAYOR AND
CITY COUNCIL OF BALTIMORE
- By _
Deputy Treasurer Mayor
[CITY SEAL]
Sec. 4. Be it further ordained, That in consideration of
the purchase and acceptance of the Bond by those who
shall hold the same from time to time, (i) this Ordinance
shall be deemed to be and shall constitute a contract be-
tween the City and the holder from time to time of the
Bond; (ii) the pledge made herein and the covenants to be
performed by or on behalf of the City shall be for the
benefit, protection and security of the holder of the Bond;
(iii) the City does hereby, and by execution of the Assign-
ment hereinafter approved, set aside and pledge the income
and revenue of the Loan Agreement (other than payments
to be made to the City pursuant to Sections 10.4, 12.2 and
12.9 of the Loan Agreement and the fourth literary para-
graph of Section 5.3 of the Loan Agreement) to the Bank
as agent for the holder of the Bond to be held by the Bank
as agent for the holder of the Bond in a separate and spe-
cial fund to be used and applied for the payment of the
principal of and interest on the Bond, and for the per-
formance of any other obligations of the City under this
Ordinance; and (iv) the pledge herein made is valid and
binding from the time when the Bond is issued, and the
lien of such pledge shall be valid and binding as against
all parties having claims of any kind in tort, contract or
otherwise against the City, irrespective of whether such
parties shall have notice thereof.
ORDINANCES 433
Sec. 5. Be it further ordained, That simultaneously with
the issuance and sale of the Bond, the City will, pursuant
to the terms of the Loan Agreement and the Act, lend the
proceeds of the issuance and sale thereof to the Company
to be applied to the acquisition of the Industrial Building
in accordance with the provisions of Section 4.3 of the
Loan Agreement.
The proceeds of the Bond shall be advanced to the Com-
pany as provided in the Loan Agreement, and, in order to
insure that such proceeds will be used for the purposes
set forth in the Act, the Company shall deposit such pro-
ceeds with the Trustees under the Trust Agreement, who
will hold, invest and disburse such proceeds as provided
therein and in Sections 4.3 through 4.6 of the Loan
Agreement.
Sec. 6. Be it further ordained. That the City covenants
that it will promptly pay the principal of and interest on
the Bond, and premium, if any, at the place, on the dates
and in the manner provided in this Ordinance and in the
Bond according to their true intent and meaning; pro-
vided that the Bond, together with the interest thereon,
shall be the limited obligation of the City payable solely
from the moneys derived from (a) the Loan Agreement
and the sale of any collateral pledged thereunder and under
the Deed of Trust, (b) the Guaranty Agreement and (c)
all other security referred to in this Ordinance, and shall
be a valid claim of the holder thereof only against such
moneys, which moneys shall be used for no other purpose
than to pay the principal of and interest on the Bond
(except as may be otherwise expressly authorized in this
Ordinance). Neither the Bond nor the interest payable
thereon shall ever constitute an indebtedness or a charge
against the general credit or taxing powers of the City
within the meaning of any constitutional or charter pro-
vision or statutory limitation and neither shall ever consti-
tute or give rise to any pecuniary liability of the City.
Sec. 7. Be it further ordained, That the Bond shall be
subject to prepayment by the City (but only from moneys
received by it from the Company or others) prior to its
expressed maturity as follows :
434 ORDINANCES Ord. No. 726
(a) The Bond shall be prepaid, on any interest pay-
ment date, either as a whole at any time, or in part from
time to time in an amount not less than $50,000 (and in
multiples of $5,000), upon the exercise by the Company of
its option to prepay the amounts due under the Loan Agree-
ment as provided in Section 11.1 of the Loan Agreement,
at a prepayment price of the principal amount to be pre-
paid, together with unpaid interest thereon accrued to the
date fixed for prepayment, without payment of premium or
penalty.
(b) The Bond shall be prepaid, as a whole but not in
part, upon the occurrence of an event which under Section
11.2 of the Loan Agreement obligates the Company to pre-
pay amounts due under the Loan Agreement. Section 11.2
of the Loan Agreement provides that the Company shall
be obligated to prepay amounts due under the Loan Agree-
ment in the event that (i) as a result of federal, state or
local constitutional, legislative, administrative or judicial
action the Loan Agreement shall have become void, unen-
forceable or impossible of performance; or (ii) the Com-
pany, or its permitted successors or assigns, shall, for any
reason whatsoever, discontinue the use and occupancy of
the Industrial Building, or any part thereof, for its in-
tended purposes. If the Bond is prepaid pursuant to this
Section 7(b), the prepayment price shall be equal to the
outstanding principal amount of the Bond together with
unpaid interest on the Bond accrued to the date fixed
for prepayment.
(c) The Bond shall be prepaid in part in the event that
any of the proceeds of the Loan remains on deposit with
the Trustees after completion of the acquisition of the In-
dustrial Building as set forth in Section 4.3 of the Loan
Agreement and in the Trust Agreement, and any such pre-
payment may be made at any time and in any amount,
without premium or penalty and shall be applied to the
prepayment of the then remaining installments of principal
of the Bond proratably so that each remaining installment
of principal shall be reduced by an amount equal to the
amount of such prepayment divided by the number of
then remaining installments of principal of the Bond.
(d) The Bond shall be prepaid, as a whole but not in
part, upon any occurrence under the Loan Agreement, which
ORDINANCES 435
gives the City, the Bank as agent for the holder of the
Bond or the holder of the Bond the option to accelerate the
maturity of the amounts payable under the Loan Agree-
ment, at a prepayment price equal to the outstanding prin-
cipal amount thereof together with unpaid interest accrued
to the date of prepayment.
The City shall prepay the outstanding principal amount
of the Bond (or a portion thereof in the event of partial
prepayment), the interest thereon accrued and unpaid to
the prepayment date, and the premium, if any, imme-
diately, and only, upon receipt by the City of any sums
payable by the Company under the Loan Agreement as a
result of the occurrence of any event set forth in (a) , (b) ,
(c) or (d) above; and the City hereby covenants to apply
all sums so received by it for such purpose to the prepay-
ment of the Bond. In the event such sums are not
sufficient to provide for the prepayment of the entire out-
standing principal amount of the Bond, such sums shall be
applied to the prepayment of the installments of principal
of the Bond in the inverse order of the semi-annual install-
ment payment dates (except as set forth in (c) above).
In the event of a partial prepayment, the holder of the
Bond shall surrender the Bond to the Bond Registrar
(hereinafter referred to) for notation thereon that the
Bond, to the extent of the amount prepaid, has been par-
tially prepaid.
Notice of any prepayment shall be given at least two (2)
banking days prior to the prepayment date by mailing or
telegraphing to the registered owner of the Bond a notice
stating the prepayment date, the amount of principal to
be prepaid, the interest to be paid through the prepayment
date and the amount of any premium or additional interest
payable on the prepayment date. The notice may be waived
by the registered owner of the Bond.
Sec. 8. Be it further ordained, That payment of the Bond
and the interest thereon shall be made to the registered
owner thereof by the Bank as agent for the holder of the
Bond. All payments of principal, interest and other charges
required by this Ordinance or the Bond shall be made at
the office of the Bank, 2 Hopkins Plaza, Baltimore, Mary-
436 ORDINANCES Ord. No. 726
land 21201, in lawful money of the United States of Amer-
ica, in immediately available funds. Interest on the Bond
shall be calculated on the basis of a 360-day year factor
to be applied to actual days elapsed. If any principal or
interest payment on the Bond falls due on a Saturday,
Sunday or public holiday at the place of payment thereof,
then such date shall be extended to the next succeeding
full banking day at such place.
When the principal of and interest on the Bond shall
have been fully paid, the Bond shall forthwith be sur-
rendered to the Bond Registrar for cancellation.
Sec. 9. Be it further ordained, That the Bond shall be
registered as to both principal and interest. The Treasurer
of the City shall serve as Bond Registrar, and he shall keep
at his principal office, for so long as the Bond remains
outstanding, books for the registration and transfer of the
Bond.
The Bond shall be transferable only upon the books main-
tained by the Bond Registrar by the registered owner
thereof in person or by his attorney duly authorized in
writing, upon surrender thereof together with a written in-
strument of transfer satisfactory to the Bond Registrar
duly executed by the registered owner or his duly au-
thorized attorney.
The City, the Bank as agent for the holder of the Bond
and the Bond Registrar may deem and treat the person in
whose name the Bond shall be registered as the absolute
owner of the Bond, whether the Bond shall be overdue or
not, for the purpose of receiving payment of, or on account
of, the principal of and interest on the Bond and for all
other purposes, and all such payments so made to such
registered owner or upon his order shall be valid and
effectual to satisfy and discharge the liability upon the
Bond to the extent of the sum or sums so paid, and neither
the City nor the Bank nor the Bond Registrar shall be
affected by any notice to the contrary.
Within 60 days after receipt of a written request from
the holder of the Bond (or within such longer period as
may be reasonably required for the authorization, issuance
ORDINANCES 437
and preparation of such bonds) the City will take action
necessary to cause serial bonds to be duly authorized and
issued, to the extent permitted by applicable laws, in order
that the Bond may be exchanged for a series of serial
bonds. Any serial bonds so authorized and issued shall be
substantially in the same form as the Bond (as set forth
in Section 3 of this Ordinance), with only such changes in
amounts, dates and other details as may be necessary. All
such serial bonds shall (a) bear interest at the same rate,
and (b) be ratably and equally secured by, and entitled
to the benefits of, this Ordinance, and the security for the
repayment of the Bond provided for herein. Any expenses
incurred by the City in authorizing and issuing any such
serial bonds shall be paid by the Company. The term
"Bond" as used in this Ordinance shall be deemed to include
any serial bonds so authorized and issued.
Sec. 10. Be it further ordained, That the payments re-
quired to be made by the Company, as set forth in Section
5.3 of the Loan Agreement (other than payments due to
the City under the fourth literary paragraph of such Section
5.3), shall be paid, as set forth in the Assignment, directly
to the Bank as agent for the holder of the Bond at its offices
at 2 Hopkins Plaza, Baltimore, Maryland 21201, and held
by the Bank as agent for the holder of the Bond in the
separate special fund referred to in Section 4 (iii) hereof
in trust for the holder of the Bond, and such sums shall
be withdrawn and applied to the payment of the principal
of and interest on the Bond as the same become due.
Sec. 11. Be it further ordained, That the Loan Agree-
ment by and between the City and the Company, pursuant
to which the City will lend $1,000,000 to the Company for
the purpose of financing the acquisition by the Company of
the Industrial Building, shall be substantially in the follow-
ing form, and the form and all of the covenants and con-
ditions therein contained, with such changes therein as the
Commissioners of Finance of the City shall approve, is
hereby adopted by the City as and for the form and tenor
of the obligation to be incurred, and such covenants and
conditions are hereby made binding upon the City.
438 ORDINANCES Ord. No. 726
FORM OF LOAN AGREEMENT
LOAN AGREEMENT
THIS LOAN AGREEMENT, made as of the day
of , 1978, between MAYOR AND CITY COUNCIL
OF BALTIMORE, a body politic and corporate and a po-
litical subdivision of the State of Maryland, (hereinafter
called the "City"), and THE MUDGE PAPER COMPANY,
a corporation organized and existing- under the laws of the
State of Maryland (hereinafter called the "Company").
WITNESSETH:
WHEREAS, Chapter 352 of the 1972 Session of the
General Assembly of Maryland, as amended, being Sections
266A to 266-1, inclusive, of Article 41 of the Annotated
Code of Maryland (1978 Replacement Volume), as amended
(hereinafter called the "Act"), makes legislative findings
that conditions of unemployment exist in many areas of
the State of Maryland; the development of new commer-
cial, industrial and manufacturing plants are essential to
relieve this unemployment and to establish a balanced
economy within the State of Maryland; and the present
and prospective health, happiness, safety, right of gainful
employment, and general welfare of the citizens of each
of the counties and municipalities of the State of Maryland
will be promoted by the establishment of industrial build-
ings; and
WHEREAS, the Act authorizes the municipalities and
counties of the State of Maryland to issue revenue bonds
for the purpose of providing funds to pay all or any part
of the cost of the acquisition (as that term is defined in
the Act) of industrial buildings (as that term is defined in
the Act), and to lend any such funds to an industrial con-
cern, for such purposes as shall effectuate the purposes of
the Act, under a loan agreement which may provide that
the industrial buildings shall become the property of the
industrial concern upon the acquisition thereof and may
contain such other terms and conditions consistent with
the Act as shall be agreed upon ; and
WHEREAS, the Company has requested the City to pro-
vide financing for the acquisition of the Industrial Build-
ORDINANCES 439
ing (hereinafter defined) to be located within the City of
Baltimore; and
WHEREAS, the Company has represented to the City
that the Industrial Building is suitable for and will be
used for purposes permitted for industrial buildings (as the
term is defined in the Act) ; and
WHEREAS, the City has agreed, upon the terms and
conditions hereinafter in this Loan Agreement set forth,
to lend funds to the Company to be used for the purposes
of paying the cost of the acquisition of the Industrial
Building and to raise such funds by the issuance and sale
of its industrial development revenue bond pursuant to the
Ordinance (hereinafter defined) ; and
WHEREAS, the industrial development revenue bond
issued under the Ordinance will be secured by (a) an as-
signment of the City's interest in (i) this Loan Agree-
ment, including the revenues and receipts derived, and the
collateral pledged, hereunder, which have been pledged
under the Ordinance to the Bank (hereinafter defined), as
agent for the holder of the industrial development revenue
bond, and (ii) the Deed of Trust (hereinafter defined) ;
and (b) by the Guaranty Agreement (hereinafter defined).
NOW, THEREFORE, in consideration of the representa-
tions, warranties, covenants, terms and agreements herein
contained and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged,
the parties hereto agree as follows; provided, that in the
performance of the agreements of the City herein con-
tained, any obligation it may incur for the payment of
money shall not create a pecuniary liability or a charge
upon its general credit or against its taxing powers but
shall be payable solely out of the proceeds derived from
this Loan Agreement and the sale of the Bond referred to
in Section 4.2 hereof:
ARTICLE I.
Definitions
The following words and terms as used in this Agree-
ment shall have the following meanings unless the con-
440 ORDINANCES Ord. No. 726
text or use clearly indicates another or different meaning
or intent:
"Acquisition" or "acquisition" means, when used in re-
gard to the Industrial Building, the acquisition of the In-
dustrial Building as such meaning is intended in the Act,
and shall include, where applicable and without limitation,
the purchase, construction, rehabilitation, remodeling, ex-
tension, equipping and permanent improvement of the In-
dustrial Building.
"Acquisition Period" means the period between the com-
mencement of the Acquisition of the Industrial Building
or the date on which the Bond is first delivered to the
Bank, whichever is earlier, and the Completion Date (here-
inafter defined).
"Act" means Chapter 352 enacted by the 1972 Session
of the General Assembly of Maryland, as amended, being
Sections 266A to 266-1, inclusive, of Article 41 of the An-
notated Code of Maryland (1978 Replacement Volume), as
amended.
"Agreement" means this Loan Agreement.
"Assignment" means the Assignment of even date here-
with by which the City assigns to the Bank as agent for
the holder of the Bond, all of its right, title and interest
in and to, and remedies under, this Agreement and moneys
due and to become due to the City hereunder and all col-
lateral pledged hereunder, and all of its right, title and
interest in and to, and remedies under, the Deed of Trust
(hereinafter defined), as security for the Loan as set forth
in the Assignment.
"Authorized City Representative" means the person at
the time designated to act on behalf of the City by written
certificate furnished to the Company and the Bank as agent
for the holder of the Bond, containing the specimen signa-
ture of such person and signed on behalf of the City by
the Mayor of the City. Such certificate may designate an
alternate or alternates.
"Authorized Company Representative" means the person
or persons at the time designated to act on behalf of the
Company by written certificate furnished to the City and
ORDINANCES 441
the Bank as agent for the holder of the Bond, containing
the specimen signature of such person and signed on be-
half of the Company by its President or one of its Vice
Presidents. Such certificate may designate an alternate
or alternates.
"Bank" means Mercantile-Safe Deposit and Trust Com-
pany, a Maryland banking corporation, and its successors
and, except for a subsequent purchaser of the Bond (here-
inafter defined) , its assigns.
"Bank as agent for the holder of the Bond" means the
Bank acting in its fiduciary capacity as agent for the holder
of the Bond, performing the functions described in the Or-
dinance (hereinafter defined) and in the Assignment.
"Banking Day" means a day other than a Saturday,
Sunday or legal holiday in the State of Maryland.
"Bond" means the City of Baltimore, Maryland Indus-
trial Development Revenue Bond (The Mudge Paper Com-
pany Project) dated as of June 1, 1978, in the principal
amount of $1,000,000 to be issued pursuant to the Ordi-
nance (hereinafter defined), without pecuniary liability on
the part of the City. In the event the Bond is at any time
exchanged for serial bonds as set forth in Section 9 of the
Ordinance (hereinafter defined), then, and in that event,
the term "Bond" shall be deemed to include, and shall
mean, such serial bonds.
"City" means Mayor and City Council of Baltimore,
Maryland, a body politic and corporate and a political sub-
division of the State of Maryland, and its successors and
assigns.
"Code" means the Internal Revenue Code of 1954, as
amended, and the Treasury Regulations issued thereunder.
"Company" means The Mudge Paper Company, a Mary-
land corporation, and its successors and assigns.
"Completion Date" means the date on which the acqui-
sition of the Industrial Building has been completed, as
that date shall be certified, as provided in Section 4.4
hereof.
442 ORDINANCES Ord. No. 726
"Deed of Trust" means the first lien Deed of Trust of
even date herewith, between the Company and
and , trustees, covering the Industrial Building
(including the land appurtenant thereto) as security for
the Loan (hereinafter defined).
"Guaranty Agreement" means the Guaranty Agreement
of even date herewith, executed and delivered by the Com-
pany whereby the Company fully and unconditionally
guarantees to the Bank for the benefit of the holder of the
Bond the payment of the principal of and interest on the
Bond.
"Holder of the Bond" or "holder of the Bond" means
the registered owner of the Bond, which may be the Bank.
"Industrial Building" means the Industrial Building more
particularly described in Exhibit A attached to this Agree-
ment and made a part hereof, and is intended to have the
meaning ascribed to the term "industrial building" in the
Act, and shall also include the land appurtenant to such
Industrial Building.
"Loan" means the Loan in the principal amount of
$1,000,000 evidenced by and described in this Agreement
to be made by the City to the Company.
"Loan Agreement" means this Loan Agreement.
"Loan Term" means the period the Loan is to be out-
standing as specified in Section 5.1 hereof.
"Net Proceeds" when used with respect to any con-
demnation award or insurance proceeds allocable to the
Industrial Building means the gross proceeds from con-
demnation or insurance so allocable, with respect to which
that term is used, remaining after payment of all expenses
(including attorney's fees and any extraordinary expenses
of the Bank as agent for the holder of the Bond) incurred
in the collection of such gross proceeds.
"Ordinance" means Ordinance No. of the City ap-
proved by the Mayor of the City on , 1978, by
which the City (a) has, inter alia, authorized the execution
and delivery of this Loan Agreement, the Assignment, the
Guaranty Agreement (for the limited purposes therein pro-
ORDINANCES 443
vided), the Trust Agreement (for the limited purpose
therein provided), and the Deed of Trust (for the limited
purpose therein provided), and the issuance and sale and
execution and delivery of the Bond, and (b) has pledged
the moneys derived and to be derived by the City from
this Agreement to secure the punctual payment of the
Bond and the interest thereon.
"Prepayment Provisions" means, with respect to the
Bond, the provisions for the prepayment of the Bond pur-
suant to Section 7 of the Ordinance.
"Trust Agreement'' means the Trust Agreement of even
date herewith between the Company and
and , trustees, pursuant to which the pro-
ceeds of the Loan are to be deposited in trust with the
Trustees (hereinafter defined), and held, invested and dis-
bursed by the Trustees as therein provided.
"Trustees" means and ,
trustees under the Trust Agreement, or their successors
in trust who may be acting under and pursuant to the
Trust Agreement from time to time.
The words "hereof", "herein", "hereunder", "hereto",
and other words of similar import refer to this Agreement
as a whole.
References to Articles, Sections, and other subdivisions
of this Agreement are to the designated Articles, Sections,
and other subdivisions of this Agreement as originally
executed.
The headings of this Agreement are for convenience
only and shall not define or limit the provisions hereof.
ARTICLE II.
Lending Clause and Security
Section 2.1. The Loom. The City agrees, upon the terms
and subject to the conditions contained in this Agreement,
to make the Loan to the Company in the amount of
$1,000,000. The Company unconditionally promises to re-
pay the principal of the Loan with interest thereon as
provided in this Loan Agreement.
444 ORDINANCES Ord. No. 726
Section 2.2. Security. The Loan is secured by this
Agreement and the Deed of Trust and the collateral pledged
hereunder and thereunder. As additional security for the
Loan the Company hereby grants to the City and its as-
signs (including the Bank as agent for the holder of the
Bond), and agrees that the City and its assigns (including
the Bank as agent for the holder of the Bond) shall have,
a security interest in all sums on deposit from time to time
with the Trustees under the Trust Agreement.
The Company agrees that with respect to the collateral
described above the City and its assigns (including the
Bank as agent for the holder of the Bond) shall have all
of the rights and remedies of a secured party under the
Maryland Uniform Commercial Code.
ARTICLE III.
Representations and Warranties; Findings
Section 3.1. Representations by the City. The City
makes the following representations :
(a) Corporate Existence. The City is a body politic
and corporate and a political subdivision of the State of
Maryland. Under the provisions of the Act, the City has
the power to enter into the transactions contemplated by
this Agreement and to carry out its obligations hereunder.
By proper action, the City has been duly authorized to
execute and deliver this Agreement, to enter into the trans-
actions contemplated hereby and to issue and sell the Bond.
(b) Issuance of the Bond. To finance the cost of the
acquisition of the Industrial Building the City has agreed
at the request of the Company to issue and sell the Bond
and to lend the proceeds thereof to the Company pursuant
to the terms and conditions of this Agreement.
(c) Pledge of Proceeds of the Loan. As provided in
the Ordinance pursuant to which the Bond is to be issued
and sold, the City's interest in this Agreement and the
moneys derived by the City from the repayment of the
Loan will be pledged for payment of the principal of and
interest on the Bond and for any other payment referred
to in Section 5.3 hereof.
ORDINANCES 445
Section 3.2. Representations and Warranties by the
Company. The Company makes the following representa-
tions and warranties :
(a) Subsidiaries. The Company has no subsidiaries.
(b) Good Standing. The Company (i) is a corporation
duly organized and existing, in good standing, under the
laws of the State of Maryland, (ii) has the corporate power
to own its property and to carry on its business as now
being conducted, and (iii) is duly qualified to do business
and is in good standing in each jurisdiction in which the
character of the properties owned by it therein or in which
the transaction of its business makes such qualification
necessary.
(c) Corporate Authority. The Company has full power
and authority to enter into this Agreement, to make the
borrowing hereunder, to execute and deliver this Agree-
ment, the Guaranty Agreement, the Trust Agreement, the
Deed of Trust and all other documents necessary in the
premises, and to incur the obligations provided for herein
and therein, all of which have been duly authorized by all
proper and necessary corporate action. No consent or ap-
proval of stockholders or of any public authority or regu-
latory body is required as a condition to the validity or
enforceability of this Agreement, the Guaranty Agreement,
the Trust Agreement, or the Deed of Trust.
(d) Binding Agreement. This Agreement, the Guar-
anty Agreement, the Trust Agreement, and the Deed of
Trust constitute the valid and legally binding obligations
of the Company, and are fully enforceable against the
Company in accordance with their respective terms.
(e) Litigation. There are no proceedings pending or,
so far as the officers of the Company know, threatened,
before any court or administrative agency which, in the
opinion of the officers of the Company, will materially
adversely affect the financial condition or operations of the
Company or the validity or enforceability of this Agree-
ment, the Ordinance, the Guaranty Agreement, the Trust
Agreement or the Deed of Trust.
(f ) No Conflicting Agreements. There is (a) no char-
ter, by-law or preference stock provision of the Company
446 ORDINANCES Ord. No. 726
and no provision of any existing mortgage, indenture,
contract or agreement binding on the Company or affecting
its property, or (b) to the knowledge of the Company, no
provision of law or order of court binding upon the Com-
pany, which would conflict with or in any way prevent the
execution, delivery, or performance of the terms of this
Agreement, the Guaranty Agreement, the Trust Agree-
ment, or the Deed of Trust, or which would be in default
or violated as a result of such execution, delivery, or
performance.
(g) Financial Condition. The balance sheet of the
Company as of December 31, 1977, together with state-
ments of profit and loss and of surplus for the period then
ended, certified by C. Bernard Ellinghaus, C.P.A. and here-
tofore delivered to the Bank, are complete and correct and
fairly present the financial condition of the Company and
the results of its operations and transactions in its surplus
accounts as of the date and for the period referred to and
have been prepared in accordance with generally accepted
accounting principles applied on a consistent basis through-
out the period involved. There are no liabilities, direct or
indirect, fixed or contingent, of the Company as of the date
of such balance sheet which are not reflected therein or in
the notes thereto. There has been no material adverse
change in the financial condition or operations of the Com-
pany since the date of such balance sheet (and to the
Company's knowledge no such material adverse change is
pending or threatened), and the Company has not guaran-
teed the obligations of, or made any investments in or
advances to, any company, individual, or other entity ex-
cept as disclosed in such balance sheet. The Company has
good and marketable title to all its properties and assets,
and all such properties and assets are free and clear of mort-
gages, pledges, liens, charges and other encumbrances, ex-
cept as reflected on such balance sheet or the notes thereto.
(h) Utility Arrangements and Permits. The Company
has procured, or hereby agrees to use its best efforts to
procure, from the appropriate state, county, municipal,
and other authorities and corporations, connection and dis-
charge arrangements for the supply of water, gas, elec-
tricity and other utilities and sewage and industrial waste
disposal for the operation of the Industrial Building.
ORDINANCES 447
(i) Tax Returns. The Company has filed all required
federal, State and local tax returns and has paid all taxes
as shown on such returns as they have become due. Federal
income taxes have been audited through December 31,
1975, and no claims have been assessed and are unpaid
with respect to such taxes except as shown in the balance
Sheet referred to in (g) above.
(j) Use of Loan Proceeds. The Company intends to
use the proceeds of the Loan solely to acquire the Indus-
trial Building. The Company intends the Bond to be an
"Industrial Development Bond" within the meaning of
Section 103(b) (2) of the Code.
Substantially all of the proceeds of the Bond will be
used to acquire land or to acquire property of a character
subject to the allowance for depreciation as prescribed in
Section 103(b) (6) (A) of the Code; and the Company will
not commit any act which will adversely affect the tax
exempt status of the interest on the Bond. No part of the
proceeds of the Bond will be used to finance inventory or
for working capital. On the basis of the facts, estimates
and circumstances in existence on the date of this Agree-
ment, a period of less than three (3) years from the date
of issuance of the Bond is necessary for the completion
of the acquisition of the Industrial Building.
(k) Liens on Collateral. There exist (s) no lien or
liens on the collateral pledged as security for the Loan
under Section 2.2 of this Agreement or on any of the
property pledged as security for the Loan under the Deed
of Trust.
(1) Commencement of Work and Binding Obligations.
The Company did not commence work on, and did not incur
any binding obligations for the acquisition of, the Indus-
trial Building until after , 1978, the date on
which the Ordinance was approved by the Mavor of the
City.
Section 3.3 Findings by City. The City hereby confirms
its findings that the acquisition of the Industrial Building
will promote the purposes of the Act by (i) maintaining
employment and relieving unemployment in the City of
448 ORDINANCES Ord. No. 726
Baltimore, and elsewhere in the State of Maryland; (ii)
encouraging the increase of industry and a balanced econ-
omy in the State of Maryland and in the City of Baltimore ;
(iii) promoting economic development; and (iv) thus pro-
moting the health, welfare and safety of the residents of
the City of Baltimore and of the State of Maryland.
ARTICLE IV.
Commencement and Completion of the
Industrial Building; Issuance of the Bond
Section 4.1. Agreement to Acquire the Industrial Build-
ing. The Company covenants and agrees that:
(a) It will cause the Industrial Building to be ac-
quired substantially in accordance with the description of
the Industrial Building set forth in Exhibit A attached
hereto, and in the Plans and Specifications prepared by
(the "Plans and Specifications").
(b) It will submit the Plans and Specifications to the
Bank for approval.
(c) It will submit the Plans and Specifications to the
Department of Housing and Community Development for
approval. The Company understands that, in addition to
the economic feasibility of the construction of the Indus-
trial Building, the Department of Housing and Community
Development may consider, without limitation, the suit-
ability of the site plan, architectural treatment, building
plans, elevations, materials, color, construction details, ac-
cess, parking, loading, landscaping, identification signs, ex-
terior lighting, refuse collection details, streets, sidewalks,
and harmony between the plans and the surroundings of
the proposed Industrial Building; and that the Department
of Housing and Community Development may refuse ap-
proval of the Plans and Specifications for aesthetic or
functional reasons.
(d) It and its developers will work with the design
advisory group appointed by the Department of Housing
and Community Development in order to achieve high
quality site, building, and landscape design.
(e) Without the prior written consent of the Bank as
agent for the holder of the Bond, it and its contractors
ORDINANCES 449
will not make any material changes in the Industrial Build-
ing to be acquired as described in Exhibit A attached
hereto and in the Plans and Specifications.
(f) It will cause the acquisition of the Industrial Build-
ing to be completed within the period of time prescribed in
the Trust Agreement. In the event the acquisition of the
Industrial Building commences prior to the receipt of pro-
ceeds from the sale of the Bond, the Company agrees to
advance all funds necessary for such purposes, subject to
reimbursement pursuant to the provisions hereof. Nothing
contained in this Section shall relieve the Company from
making any payments required to be made pursuant hereto.
Section 4.2. Agreement to Issue Bond; Application of
Bond Proceeds. In order to provide funds for payment of
the costs of acquisition provided for in Section 4.3 hereof,
the City agrees that it will issue and sell the Bond and
cause the Bond to be delivered to the Bank pursuant to
and in accordance with the Ordinance. Upon receipt of the
proceeds of the Bond, the City will disburse such proceeds
to the Company in accordance with the provisions of the
Ordinance and Section 4.3 of this Loan Agreement.
Section 4.3. Disbursement of the Loan Proceeds. The
City and the Company hereby authorize and direct the use
of the proceeds of the Loan for the following purposes
(and, subject to the provisions of Section 4.6 hereof, for
no other purpose) :
(a) Payment of the necessary expenses of preparing
and selling the Bond; the fees and expenses for recording
or filing any financing statements required by the City or
the Bank as agent for the holder of the Bond to be re-
corded or filed, and any other documents or instruments,
the filing or recording of which either the City, the Bank
as agent for the holder of the Bond, or the Company, or
counsel to the City, the Bank as agent for the holder of
the Bond, or the Company may reasonably deem desirable;
and the fees and expenses in connection with the com-
mencement and prosecution of any action or proceeding
that either the City, the Bank as agent for the holder of
the Bond, or the Company, or counsel to the City, the Bank
as agent for the holder of the Bond, or the Company may
450 ORDINANCES Ord. No. 726
reasonably deem desirable in connection with this Agree-
ment and the transactions contemplated hereby.
(b) Subject to the terms and conditions of the Trust
Agreement, payment to the Company of such amount, if
any, as shall be necessary to reimburse the Company for
all advances and payments made or costs incurred by the
Company prior to or after the execution of this Loan Agree-
ment for expenditures in connection with the preparation
of the Plans and Specifications for the Industrial Building
(including any preliminary study of the Industrial Build-
ing or any aspect thereof) ; site improvements ; any and
all direct and indirect costs of acquisition of the Industrial
Building; the construction, acquisition and installation
necessary to provide utility services ; acquisition of all other
real and personal property necessary in connection with the
Industrial Building; and for miscellaneous expenses inci-
dental to any of the above (including, without limitation,
fees for architectural, engineering and supervisory services
with respect to any of the foregoing).
(c) Payment of the legal and accounting fees (including
those of the Bank as agent for the holder of the Bond and
the City) and expenses incurred in connection with the
authorization, issuance and sale of the Bond, the prepara-
tion of this Loan Agreement and all other documents in
connection therewith and in connection with the acquisition
of title to the Industrial Building; and payment of the fees,
or out-of-pocket expenses, of the City, if any, incurred
with respect to the Industrial Building or the Bond to be
issued under the Ordinance.
(d) Payment for labor, services, materials and supplies
used or furnished for any of the purposes or objectives
set out in Section 4.3(b) above, subject to the terms and
conditions of the Trust Agreement.
(e) Payment to the Bank as agent for the holder of
the Bond, as such payments become due, of the fees and
expenses of the Bank as agent for the holder of the Bond
that may become due during the Acquisition Period, or re-
imbursement thereof, if paid by the Company.
(f) Payment of expenses incurred with the approval
of the Company in seeking to enforce any remedy against
any contractor or subcontractor in respect of any default
ORDINANCES 451
under any contracts to which the Company is a party in
connection with the Industrial Building.
(g) Payment of any other expenses authorized under
the Act.
The proceeds of the Loan will be disbursed by the City
to the Company, and the Company will simultaneously de-
posit such proceeds in trust with the Trustees under and
pursuant to the Trust Agreement, to be held, invested and
disbursed by the Trustees as therein provided for the pur-
poses set forth in this Loan Agreement and in the Trust
Agreement. Unless the prior written consent of the holder
of the Bond is obtained, the proceeds of the Loan may be
disbursed only in accordance with the terms, conditions,
provisions and procedures set forth in the Trust Agreement.
The Company covenants that substantially all of the
proceeds of the Bond shall be used in compliance with
Section 103(b)(2) of the Code, and shall be used for the
acquisition of land or the acquisition, construction or in-
stallation of property of a character subject to the allow-
ance for depreciation as prescribed in Section 103(b) (6) (A)
of the Code. All moneys remaining on deposit after the
Completion Date and after payment of all items provided
for in this Section, except for amounts required by the
Company for payment of costs of the Industrial Building
not then due and payable, and any moneys held by the
Trustees upon the occurrence of an event of default under
Section 8 of the Trust Agreement shall be disbursed by the
Trustees to the City to be applied to the prepayment,
without premium or penalty, of the amounts due hereun-
der; and such amounts shall be applied by the City to the
immediate prepayment, without premium or penalty, of the
amounts due hereunder; and such amounts shall be applied
by the City to the immediate prepayment, without pre-
mium or penalty, of the then remaining installments of
principal of the Bond proratably in accordance with the
terms and provisions of the Ordinance. Any such prepay-
ment made under this Section 4.3 need not be made (a)
in an amount greater than $50,000 or in multiples of $5,000,
or (b) on an interest payment date.
Section 4.4. Establishment of Completion Date. The
Completion Date shall be evidenced to the Bank as agent
452 ORDINANCES Ord. No. 726
for the holder of the Bond, the Trustees and the City by
a certificate signed by the Authorized Company Represen-
tative and by the Company's architect (approved by the
Bank as agent for the holder of the Bond) stating in sub-
stance that (1) the acquisition of the Industrial Building
has been completed in accordance with the description
thereof set forth in Exhibit A hereto and with the Plans
and Specifications, and all labor, services, materials and
supplies used in such acquisition have been paid for, (2)
all other improvements necessary in connection with the
Industrial Building have been acquired and constructed
substantially in accordance with the description thereof set
forth in Exhibit A hereto, and all costs and expenses in-
curred in connection therewith have been paid, (3) the
Industrial Building is suitable and sufficient for its intended
purposes, and (4) substantially all of the proceeds from
the Bond theretofore advanced by the Trustees have been
used for purposes allowable under Section 103(b) (2) of the
Code. Such certificate shall have attached thereto final
waivers of liens of the general contractor and all subcon-
tractors and suppliers as well as a copy of the permanent
certificate of occupancy.
Notwithstanding the foregoing, such certificate shall state
that it is given without prejudice to any rights against
third parties which exist at the date of such certificate or
which may subsequently come into being. It shall be the
duty of the Company to cause such certificate to be fur-
nished as soon as the acquisition of the Industrial Building
shall have been completed.
Section 4.5. Company Required to Pay Costs in the
Event Bond Proceeds Insufficient. In the event the pro-
ceeds of the Bond available for payment of the costs of the
acquisition of the Industrial Building shall not be suffi-
cient to pay the costs thereof in full (including all items
of cost set forth in Section 4.3 hereof), the Company
agrees to complete the acquisition of the Industrial Build-
ing and pay all that portion of the costs of the acquisition
of the Industrial Building (including all items of cost set
forth in Section 4.3 hereof) as may be in excess of the pro-
ceeds of the Bond available therefor. The City does not
make any warranty, either express or implied, that the
ORDINANCES 453
proceeds of the Bond which, under the provisions of this
Agreement, will be available for payment of the costs of
the acquisition of the Industrial Building, will be sufficient
to pav all the costs which will be incurred in that con-
nection (including all items of cost set forth in Section 4.3
hereof). The Company agrees that if after exhaustion of
the proceeds of the Bond the Company shall pay any por-
tion of the costs of the acquisition of the Industrial Build-
ing pursuant to the provisions of this Section, it shall not
be entitled to any reimbursement therefor from the City,
or from the Bank, or from the Bank as agent for the
holder of the Bond, or from the holder of the Bond, or
from the Trustees, nor shall it be entitled to any diminu-
tion of the amounts payable hereunder.
Section 4.6. Investment of Money. Any moneys held by
the Trustees under the Trust Agreement and not required
for immediate disbursement and withdrawal shall, at the
written request of the Authorized Company Representative,
be invested or reinvested to the extent permitted by law,
in the following: (i) general obligations, of, or obligations
unconditionally guaranteed as to principal and interest by,
the United States of America; (ii) bonds, debentures, par-
ticipation certificates or notes issued by any agency or
corporation which is or may hereafter be created by Act
of the Congress of the United States as an agency or in-
strumentality thereof; (iii) Public Housing Bonds, Tem-
porary Notes or Preliminary Loan Notes, fully secured by
contracts with the United States; (iv) certificates of de-
posit issued by the Bank, or any other bank, trust company
or national banking association, organized under the laws
of the United States or any state thereof, which has a
combined capital of at least $40,000,000, in any amount;
or (v) any other investment which the Trustees may le-
gally make under federal and Maryland law and which is
approved by the Bank as agent for the holder of the Bond.
Such investments shall be made in the discretion of the
Trustees; provided, however, that the Company may by
written direction from the Authorized Company Represen-
tative to the Trustees direct the investments. All such in-
vestments shall have maturities consonant with the need
for funds as estimated by such Authorized Company Rep-
resentative. The Company covenants that it will not direct
454 ORDINANCES Ord. No. 726
or permit investments which would cause the Bond to be
an "arbitrage bond" within the meaning of Section
103(c)(2) of the Code. On each interest payment date, as
provided in Section 5.3 hereof, any profit realized from
investments made hereunder shall be paid over by the
Trustees to the Bank as agent for the holder of the Bond
(as assignee of the City) and shall be applied by the Bank
as agent for the holder of the Bond to the interest on the
Loan due and payable on such date. To the extent that
any profits are so paid over and applied, the payment of
interest for which the Company is responsible on such date
shall be reduced accordingly. Excess profits, over and above
the interest due and payable on such date shall remain on
deposit (and be reinvested by the Trustees to the extent
practicable) until the next interest payment date, when it
will be paid over and applied as aforesaid. Upon completion
of the acquisition of the Industrial Building, all moneys
held by the Trustees shall be applied as set forth in the
last literary paragraph of Section 4.3 of this Agreement.
ARTICLE V.
Effective Date of This Agreement; Duration of
Loan Term; Ownership and Possession of
Industrial Building; Repayment Provisions;
Obligations of Company Unconditional
Section 5.1. Effective Date of This Agreement; Duration
of Loan Term. This Agreement shall become effective
upon its delivery, and shall expire on such date as the
Bond has been fully paid and retired and all other pay-
ments required hereunder have been made; provided how-
ever, that the expiration of this Agreement shall not affect
the Company's obligation to pay to the holder of the Bond
an additional amount after the Bond has been fully paid
and retired in the event that the holder of the Bond in a
tax return or as a result of a deficiency assessment or
otherwise, incurs a tax liability as more fully set out in
Section 5.3 hereof.
Section 5.2. Ownership and Possession of the Industrial
Building. The City agrees that the Industrial Building
shall be the sole property of the Company and that the
Company shall enjoy the sole and exclusive ownership and
ORDINANCES 455
possession of the Industrial Building (subject to the right
of the City to enter thereon for inspection and other pur-
poses pursuant to the provisions of Section 9.2 hereof).
The City covenants and agrees that it will not take any
action, other than pursuant to Article X of this Loan
Agreement and its general police powers, to prevent the
Company from having quiet and peaceable enjoyment of
the Industrial Building.
Section 5.3. Amounts Payable. The Company promises
to repay the Loan with interest on the unpaid principal
amount thereof, from the date hereof, at the rate of 6% %
per annum (calculated on the basis of a 360-day year
factor applied to actual days elapsed) ; provided, however,
that during any period in which the interest payable on
the Bond is includible in the gross income (as defined in
Section 61 of the Internal Revenue Code of 1954, as
amended) of the holder of the Bond, the rate of interest
payable on the unpaid principal amount of the Loan shall
be at the rate of 10%% per annum (calculated on the
basis of a 360-day year factor applied to actual days
elapsed) (hereinafter called the "Taxable Rate").
The principal of and interest on the Loan shall be pay-
able in lawful money of the United States of America at
the time of payment as follows :
(a) interest on the outstanding principal balance shall
be due and payable semi-annually on the first days of
January and July in each year, commencing on January 1,
1979, continuing to and including July 1, 1994, or until the
principal amount shall have been paid in full;
(b) commencing on July 1, 1979, continuing to and
including July 1, 1994, the principal amount shall be paid
in 31 equal, consecutive installments of $32,258.06 each,
payable on the first days of January and July in each year ;
(c) the Loan will mature, and the entire unpaid bal-
ance of the principal thereof and all accrued and unpaid
interest thereon shall be due and payable on July 1, 1994;
and
(d) all payments received shall be applied first to in-
terest and the balance to principal.
456 ORDINANCES Ord. No. 726
In any event, each and every payment to be made under
this Section shall be sufficient to pay the payments of
interest on and the installments of the principal of and
interest on the Bond when due (whether at maturity, by
redemption, by acceleration or otherwise).
The Company agrees to pay to (and within 30 days after
the request of) the City, the Bank, or the Bank as agent
for the holder of the Bond, until the principal of and in-
terest on the Bond shall have been paid in full, (i) the
ordinary and reasonable fees, charges and expenses of the
City, the Bank, and the Bank as agent for the holder of
the Bond incurred in connection with the transactions con-
templated by this Loan Agreement as and when the same
become due, and (ii) the reasonable fees, charges and ex-
penses incurred by the City under the Ordinance as and
when the same become due, including, but not limited to,
any expenses incurred by the City in authorizing and issu-
ing serial bonds pursuant to Section 9 of the Ordinance.
In the event that interest payable on the Bond is de-
termined to be includible in the gross income (as defined
in Section 61 of the Internal Revenue Code of 1954, as
amended) of the holder of the Bond so as to cause the rate
of interest on the Bond to be the Taxable Rate, the Com-
pany agrees to pay, on demand, directly to the holder of
the Bond an additional amount of money, which when
added to the interest paid on the Bond from the date the
interest became so includible in the gross income of the
holder would cause the total amount of interest on the
Bond from such date to the date upon which the rate of
interest on the Bond is so increased, to have been paid
at a rate equal to the Taxable Rate, and such amount shall
be considered additional interest on the Bond.
In the event that after the Bond has been fully paid and
retired, any holder of the Bond, in a tax return or as a
result of a deficiency or otherwise, incurs a tax liability
under circumstances that, were the Bond then outstanding,
would cause the rate of interest payable on the Bond to
be the Taxable Rate, the Company agrees to pay, on de-
mand, directly to that holder of the Bond an additional
amount of money, which when added to the interest paid
on the Bond from the date the interest became includible
ORDINANCES 457
in the gross income of that holder, would cause the total
amount of interest on the Bond from such date to the
date upon which the interest on the Bond w^as no longer
includible in the gross income of that holder to have been
paid at a rate equal to the Taxable Rate, and such amount
shall be considered additional interest on the Bond. In the
event that after the Bond has been transferred in ac-
cordance with Section 9 of the Ordinance but prior to the
date on which the Bond has been fully paid and retired,
any previous holder of the Bond, in a tax return or as a
result of a deficiency or otherwise, incurs a tax liability
as a result of the interest payable on the Bond being
includible in the gross income (as defined in Section 61
of the Code) of such previous holder of the Bond, the
Company agrees to pay, on demand, directly to that pre-
vious holder of the Bond an additional amount of money,
which when added to the interest paid on the Bond from
the date the interest on the Bond became so includible
in the gross income of that holder of the Bond, would
cause the total amount of interest on the Bond from such
date to the date upon which the interest on the Bond was
no longer includible in the gross income of that holder to
have been paid at a rate equal to the Taxable Rate, and
and such amount shall be considered additional interest on
the Bond.
It is understood and agreed, that notwithstanding the
other terms and provisions of this Section 5.3, the City, the
Bank as agent for the holder of the Bond, and the holder
of the Bond will afford the Company the opportunity, at
the Company's sole expense, to challenge, before being re-
quired to make interest payments at the Taxable Rate or
to make any payments as set forth in the fifth and sixth
literary paragraphs of this Section 5.3:
(a) the validity of any amendment to the Code (or any
subsequent tax law) which causes the interest on the Bond
to become includible in the gross income (as defined in
Section 61 of the Code) of any holder of the Bond ; or
(b) any challenge to the validity of the tax exemption
on the interest on the Bond; including the right to direct
the necessary litigation (including administrative audit
appeals) ; Provided, that the following conditions are met,
458 ORDINANCES Ord. No. 726
complied with and satisfied to the complete satisfaction in
all respects of the City, the Bank as agent for the holder
of the Bond and the holder of the Bond:
(a) the Company shall, on demand, immediately reim-
burse the City, the Bank as agent for the holder of the
Bond and the holder of the Bond for any and all expenses
(including reasonable attorneys' fees for services that may
be required) that may be incurred by any of them in con-
nection with any such challenge ; and
(b) the Company shall furnish to the Bank as agent
for the holder of the Bond such security and indemnity
as the Bank as agent for the holder of the Bond shall in
its sole discretion require to assure that no holder of the
Bond shall receive a lower yield (net of income taxes) on
the Bond than would have been realized by such holder
of the Bond had the Company not challenged such amend-
ment or challenge to the validity of the tax exemption.
If the Company challenges any such amendment or chal-
lenge to the tax exemption, and fails, then any amount
due hereunder, as set forth in the fifth and sixth literary
paragraphs of this Section 5.3 must be paid in full by the
Company within 45 days after written notice is given to
the Company by the Bank as agent for the holder of the
Bond that, in the discretion of the Bank as agent for the
holder of the Bond, it has been finally determined that the
interest payable on the Bond is includible in the gross in-
come (as defined in Section 61 of the Code) of the holder
of the Bond.
In the event the Company should fail to make any of the
payments required in this Section, the item or installment
so in default shall continue as an obligation of the Com-
pany until the amount in default shall have been fully
paid, and the Company agrees to pay such item or install-
ment in default with interest thereon at the rate of 11%
per annum until paid (which interest shall commence to
accrue on the 7th day following the day on which such
item or installment was due and payable).
Section 5.4. Place of Payments. The payments provided
for in the first literary paragraph of Section 5.3 hereof
ORDINANCES 459
shall be made in immediately available funds directly to
the Bank as agent for the holder of the Bond, at its offices
at 2 Hopkins Plaza, Baltimore, Maryland 21201. If any
payment hereunder falls due on any day which is not a
Banking Day, then such payment date shall be extended
to the next succeeding full Banking Day. The payments to
be made under the fourth literary paragraph of Section
5.3 hereof shall be paid directly to the Bank as agent for
the holder of the Bond or directly to the City as the case
may require.
Section 5.5. Obligations of the Company Hereunder Un-
conditional. The obligation of the Company to make the
payments required in Section 5.3 hereof and to perform
and observe the other agreements on its part contained
herein shall be absolute and unconditional, irrespective of
any defense or any rights of set-off, recoupment or coun-
terclaim it might otherwise have against the City, and the
Company shall pay absolutely net during the term of this
Agreement the payments to be made on account of the
Loan as prescribed in Section 5.3 and all other payments
required hereunder, free of any deductions and without
abatement, diminution or set-off other than those herein
expressly provided; and until such time as the principal
of and interest on the Bond shall have been fully paid,
the Company: (i) will not suspend or discontinue any pay-
ments provided for in Section 5.3 hereof; (ii) will perform
and observe all of its other agreements contained in this
Agreement; and (iii) except as provided in Article XI
hereof, will not terminate this Agreement for any cause,
including, without limiting the generality of the forego-
ing, failure of the Company to complete the acquisition of
the Industrial Building, the occurrence of any acts or cir-
cumstances that may constitute failure of consideration,
destruction of or damage to the Industrial Building, com-
mercial frustration of purpose, any change in the tax laws
of the United States of America or of Maryland or any
political subdivision or either of these, or any failure of
the City to perform and observe any agreement, whether
express or implied, or any duty, liability or obligation aris-
ing out of or connected with this Loan Agreement, except
to the extent permitted by this Loan Agreement.
460 ORDINANCES Ord. No. 726
ARTICLE VI.
Section 6.1. Affirmative Covenants.
(PROVISIONS FOR AFFIRMATIVE COVENANTS TO
BE INSERTED HERE WHEN ADOPTED BY RESOLU-
TION OF THE COMMISSIONERS OF FINANCE)
Section 6.2. Negative Covenants.
(PROVISIONS FOR NEGATIVE COVENANTS TO BE
INSERTED HERE WHEN ADOPTED BY RESOLU-
TION OF THE COMMISSIONERS OF FINANCE)
ARTICLE VII.
Damage and Condemnation;
Application of Net Proceeds
Section 7.1. Damage, Destruction and Condemnation.
Unless the payments required to be made pursuant to
Section 5.3 hereof shall have been accelerated pursuant to
the provisions of Section 10.2(a) hereof, or the Company
shall have been obligated pursuant to Article XI hereof to
prepay such amounts, if prior to full payment of the Bond
(i) the Industrial Building (or any portion or portions
thereof) is damaged by fire or other casualty or is destroyed
(in whole or in part), or (ii) title to, or the use of, the
Industrial Building (or any part thereof), or the interest
of the Company in the Industrial Building (or any part
thereof) shall be taken under the exercise of the power of
eminent domain by any governmental body or by any per-
son, firm, or corporation acting under governmental au-
thority, either temporarily or permanently, the Company
shall be obligated to continue to pay the amounts specified
in this Agreement, and the Company will cause the Net
Proceeds resulting from any event described in this Section
7.1 to be applied, in a manner approved by and satisfactory
in all respects to the Bank as agent for the holder of the
Bond, to the prompt repair, restoration, relocation, modi-
fication or improvement of the Industrial Building by the
Company unless the Bond is prepaid in full pursuant to
the provisions of Section 11.2 of this Agreement.
Section 7.2. Insufficiency of Net Proceeds. If the Net
Proceeds are insufficient to pay in full the cost of any
repair, restoration, relocation, modification or improvement
ORDINANCES 461
required by Section 7.1 hereof, the Company will nonethe-
less complete the work and will pay any costs of such work
in excess of the amount of the Net Proceeds.
ARTICLE VIII.
Special Covenants and Provisions
Section 8.1. No Warranty of Condition or Suitability by
the City. The City makes no warranty, either express or
implied, as to the condition of the Industrial Building or
any part thereof, or that the Industrial Building- will be
suitable (including, without limitation, zoning and avail-
ability of utilities) for the Company's purposes or needs.
Section 8.2. Right of Access to the Industrial Building.
The Company agrees that the City, the Bank as agent for
the holder of the Bond, the holder of the Bond and their
duly authorized agents shall have the right at all reason-
able times to enter upon the Industrial Building and the land
appurtenant thereto to examine and inspect the Industrial
Building and to enforce any remedies in the event of a
default under this Agreement.
Section 8.3. City and Company Representatives. The
Company and the City, respectively, shall designate, in the
manner prescribed in Article I hereof, the Authorized
Company Representative and the Authorized City Repre-
sentative. In the event that any person so designated and
his alternate or alternates, if any, should become unavail-
able or unable to take any action or make any certificate
provided for or required in this Agreement, a successor
shall be appointed in the same manner. Whenever under
the provisions of this Agreement the approval of the City
or the Company is required, or the City or the Company
is required to take some action at the request of the other,
such approval or such request shall be given for the City
by the Authorized City Representative, and for the Com-
pany by the Authorized Company Representative; and the
other party hereto, the Bank as agent for the holder of the
Bond and the holder of the Bond are authorized to rely
upon any such approval or request, and neither party here-
to shall have any complaint against the other nor against
the Bank as agent for the holder of the Bond or the holder
of the Bond as a result of any such reliance.
462 ORDINANCES Ord. No. 726
Section 8.4. Further Assurances and Corrective Instru-
ments. The City and the Company agree that they will, from
time to time, execute and deliver or cause to be executed
and delivered, such supplements hereto and such further
instruments as may reasonably be required for carrying
out the intention of the parties to, or facilitating the per-
formance of, this Agreement.
Section 8.5. Covenants with Respect to Use of Bond Pro-
ceeds. The City is issuing the Bond with the intention
that the interest on the Bond be and remain free from fed-
eral income taxation and is covenanting with the holder of
the Bond that it (i) will make no use of the proceeds
of the Bond which, if such use had been reasonably ex-
pected on its date of issuance, would have caused the Bond
to be an "arbitrage bond" within the meaning of Section
103 (c) of the Code as in effect at the time of such issuance,
and (ii) will comply to the extent applicable with the re-
quirements of Section 103(c) of the Code. To that end the
Company covenants with the City for the benefit of the
holder of the Bond that it (i) will make no use of the pro-
ceeds of the Bond which, if such use had been reasonably
expected on its date of issuance, would have caused the
Bond to be an "arbitrage bond" within the meaning of
Section 103(c) of the Code as in effect at the time of such
issuance, and (ii) will comply to the extent applicable with
the requirements of Section 103(c) of the Code. The Com-
pany will not (a) take any action, (b) fail to take any ac-
tion, or (c) make any use of the Industrial Building or the
proceeds of the Bond, which would cause the interest on
the Bond to be or become subject to federal income taxes in
the hands of the holder of the Bond.
Section 8.6. Modification of the Industrial Building by the
Company. Subject to the representations and warranties
contained in Section 3.2 hereof, the agreements contained
in Section 4.1 hereof, and the covenants set forth in Section
8.5 above, the Company may, from time to time, and at its
own expense, and with the prior written consent of the
holder of the Bond, install additional property or otherwise
improve, alter, or replace the Industrial Building with
property of equal or greater value.
Section 8.7. Restriction on Transfer* and Encumbrance of
Industrial Building by the Company. The Company agrees
ORDINANCES 463
that it will not, during the Loan Term, sell, assign, lease,
transfer, convey or otherwise dispose of the Industrial
Building (including the land appurtenant thereto) or any
portion thereof nor create or suffer to exist any lien or en-
cumbrance upon the Industrial Building during the Loan
Term unless (a) the Company shall have received the prior
written consent of the holder of the Bond, such consent not
to be unreasonably withheld, and (b) any such sale, assign-
ment, lease, transfer, conveyance, disposition, or encum-
brance shall not adversely affect the tax exempt status of
the interest on the Bond.
Section 8.8. No Pecuniary Liability. The Act prescribes,
and the parties intend that by reason of making this Agree-
ment, by reason of the issuance of the Bond, by reason of
the performance of any act required of it by this Agree-
ment, or by reason of the performance of any act requested
of it by the Company, no indebtedness or charge against
the general credit or taxing powers of the City within the
meaning of any constitutional or charter provision or statu-
tory limitation shall occur or shall ever constitute or give
rise to any pecuniary liability of the City. Nevertheless, if
the City shall incur any such pecuniary liability, then in
such event the Company shall indemnify and hold the City
harmless therefrom.
Section 8.9. No Liability to Third Parties. Throughout
the Loan Term, no person or entity contracting with the
Company with respect to the Industrial Building shall be
reimbursed by the City under any circumstances whatso-
ever. The City's issuance of the Bond and loan of the pro-
ceeds thereof to the Company shall in no way be construed
as obligating the City in any way to any person or entity
for the payment of any expense incurred with respect to
the Industrial Building.
ARTICLE IX.
Assignment and Prepayment
Section 9.1. No Assignment by Company. This Agree-
ment may not be assigned by the Company without the
prior written consent of the holder of the Bond.
Section 9.2. Assignment by City. The City has, simul-
taneously with the delivery of this Agreement, by execu-
464 ORDINANCES Ord. No. 726
tion and delivery of the Assignment, assigned all moneys
due and to become due to the City under this Agreement
and all of the City's right, title and interest in and to, and
remedies under, this Agreement and the Deed of Trust, to
the Bank as agent for the holder of the Bond as security
for the payment of the principal of and interest on the
Bond and all sums payable under the Ordinance. The Com-
pany agrees that it will make payment directly to the Bank
as agent for the holder of the Bond of all sums specified
herein as amounts payable or to become payable by the
Company, other than payments to be made to the City pur-
suant to the fourth literary paragraph of Section 5.3 hereof
and Sections 10.4, 12.2 and 12.9 hereof, notwithstanding
any term of this Agreement or the non-performance by the
City of any obligation hereunder, or any other matter or
event whatsoever, including without limitation, the bank-
ruptcy, insolvency, liquidation or nonexistence of the City,
which might otherwise relieve the Company from the obli-
gation to pay such amount, and that the same shall be paid
at the respective times specified herein for the payment
thereof, and the receipt by the Bank as agent for the
holder of the Bond of such payments shall discharge the
obligations of the Company to the City hereunder to the
extent thereof. The Company agrees that no such payment
shall be subject to any right of setoff, counterclaim or any
other defense which the Company may or might now or
hereafter have against the City, the Bank as agent for the
holder of the Bond, or the holder of the Bond, and that all
such payments shall be final, and the Company shall not
seek to recover from the Bank as agent for the holder of
the Bond for any reason whatsoever, any moneys paid by
the Company to the Bank as agent for the holder of the
Bond by virtue of this Agreement or the Assignment. The
Assignment shall not impose on the Bank as agent for the
holder of the Bond any of the duties, liabilities, or obliga-
tions of the City hereunder, but the Bank as agent for the
holder of the Bond shall acquire thereby all rights of the
City hereunder to collect and receive all sums payable here-
under, or amounts equal thereto, as are necessary to pay
the Loan in full and to constitute the Bank as agent for the
holder of the Bond the beneficiary of the obligations of the
Company herein contained.
ORDINANCES 465
Section 9.3 Prepayment of the Bond. Upon the payment
of any amounts due under Section 5.3 hereof or elsewhere
in this Agreement and if adequate provision has been made
to assure that money sufficient to effect prepayment will be
on deposit with the Bank as agent for the holder of the
Bond on the date fixed for prepayment (including any
premium or additional interest required under the Prepay-
ment Provisions), the City or the assignee under the As-
signment, at the request at any time of the Company, and
if the same is then subject to prepayment, shall forthwith
take all steps that may be necessary under the Prepayment
Provisions to effect prepayment of all or part of the then
outstanding principal and unpaid accrued interest on the
Bond, on the earliest prepayment date on which such pre-
payment may be made under the Prepayment Provisions.
Section 9.4. Reference to Bond Ineffective After Bond
Paid. Except as provided in the sixth literary paragraph
of Section 5.3 hereof, upon payment in full of the Bond and
all fees and charges of the Bank, the Bank as agent for the
holder of the Bond and the City, all references in this
Agreement to the Bond shall be ineffective, and the holder
of the Bond shall thereafter have no rights hereunder,
saving and excepting those that shall have theretofore
vested.
ARTICLE X.
Events of Default and Remedies
Section 10.1 Defaults. It shall be an "event of default"
under this Agreement, if any of the following shall occur:
(a) Any representation or warranty made by the Com-
pany herein or any statement or representation made in
any certificate, report or opinion (including legal opinions)
delivered pursuant to this Agreement, the Trust Agreement
(including requisitions for funds under Section 5.2 thereof) ,
the Deed of Trust or the Guaranty Agreement shall prove
to have been incorrect in any material respect when made
or shall be breached; or
(b) Default shall be made by the Company in the pay-
ment of any amounts due under this Agreement when due
466 ORDINANCES Ord. No. 726
and payable, whether at maturity, by obligation or election
to prepay, or otherwise, unless such payment is made within
7 days from the day the same is due and payable; or
(c) Default shall be made by the Company in the due
observance and performance of any covenant, condition
or agreement contained in Subsections 6.1 ( ) or 6.1 ( )
or in Section 6.2 and such default shall continue unremedied
for 7 days thereafter; or
(d) Default shall be made by the Company in the due
observance or performance of any other term, covenant or
agreement herein contained, which default shall remain
unremedied for 30 days after written notice thereof shall
have been given to the Company by the Bank as agent
for the holder of the Bond or the holder of the Bond; pro-
vided, however, if such default be such that it cannot be
corrected within 30 days, it shall not be a default if in the
opinion of the Bank as agent for the holder of the Bond the
Company is taking appropriate corrective action to cure
the default and if such default will not impair the security
assigned to the Bank as agent for the holder of the Bond; or
(e) The Company or any subsidiary suspends its bus-
iness, makes an assignment for the benefit of creditors,
files a petition in bankruptcy, is adjudicated insolvent or
bankrupt, petitions or applies to any tribunal for any re-
ceiver or any trustee of the Company, or any subsidiary,
or any substantial part of its property, or if the Company
or any subsidiary commences any proceeding relating to
the Company or any subsidiary under any reorganization,
arrangement, re-adjustment of debt, dissolution or liquida-
tion law or statute of any jurisdiction, whether now or
hereafter in effect, or if there is commenced against the
Company or any subsidiary any such proceeding which
remains undismissed and unstayed for a period of 30 days,
or if the Company or any subsidiary by any act indicates
its consent to, approval of, or acquiescence in, any such pro-
ceeding or the appointment of any receiver of or any
trustee for the Company, or any subsidiary, or any sub-
stantial part of its property, or suffers any such receiver-
ship or trusteeship to continue uncontested for a period of
30 days; or
ORDINANCES 467
(f ) Any judgment against the Company, or any attach-
ment or other levy against the property of the Company
with respect to a claim, for any amount in excess of $20,000
remains unpaid, unstayed on appeal, undischarged, un-
bonded or undismissed for a period of 30 days; or
(g) Default shall be made by the Company in the
due observance or performance of any term, covenant or
agreement contained in the Trust Agreement or the Deed
of Trust which shall remain unremedied for any applicable
grace period, if any, specified in the Trust Agreement or
the Deed of Trust, respectively; or
(h) An Event of Default shall occur under the Guaranty
Agreement; or
(i) Any obligation of the Company (other than its
obligation hereunder) or any subsidiary for the payment
of borrowed money becomes and is declared to be due and
payable prior to the expressed maturity thereof.
Section 10.2. Remedies on Default. Whenever any
"event of default" described in Section 10.1 hereof shall
have occurred:
(a) The Bank as agent for the holder of the Bond, or
the holder of the Bond, may, by written notice to the Com-
pany, declare forthwith due and payable the principal
of and interest on the Loan and all other moneys payable
hereunder, whereupon the same will become forthwith
due and payable, without further protest, presentment,
notice or demand, all of which are expressly waived by the
Company.
(b) The Bank as agent for the holder of the Bond,
or the holder of the Bond, or the City, may from time to
time take whatever action at law or in equity may appear
necessary or desirable to collect the moneys payable by the
Company hereunder (whether then due or thereafter to
become due) , or to enforce performance and observance of
any obligation, agreement or covenant of the Company
under this Agreement.
Section 10.3. No Remedy Exclusive. No remedy herein
conferred upon or reserved to the City or the holder of the
468 ORDINANCES Ord. No. 726
Bond or the Bank as agent for the holder of the Bond is
intended to be exclusive of any other available remedy or
remedies, but each and every such remedy shall be cumu-
lative and shall be in addition to eveiy other remedy given
under this Agreement or now or hereafter existing at law
or in equity or by statute. No delay or omission to exercise
any right or power accruing upon any default shall impair
any such right or power or shall be construed to be a waiver
thereof, but any such right or power may be exercised from
time to time and as often as may be deemed expedient.
In order to entitle the City, the holder of the Bond or the
Bank as agent for the holder of the Bond to exercise any
remedy reserved to them in this Article, it shall not be
necessary to give any notice, other than such notice as
may be herein expressly required. Such rights and remedies
as are given the City hereunder shall also extend to the
Bank as agent for the holder of the Bond; and the Bank
as agent for the holder of the Bond and the holder of the
Bond, subject to the provisions of the Ordinance, shall be
entitled to the benefit of all covenants and agreements herein
contained.
Section 10.4. Agreement to Pay Attorney's Fees and Ex-
penses. In the event the Company should default under
any of the provisions of this Agreement, and the City or the
Bank as agent for the holder of the Bond or the holder of
the Bond shall hire attorneys or incur other expenses for
the collection of the payments due hereunder or the en-
forcement or performance or observance of any obligation
or agreement on the part of the Company herein contained,
the Company agrees that it will on demand therefor pay to
the City, the Bank as agent for the holder of the Bond, and
the holder of the Bond the reasonable fees of such attorneys
and such other reasonable expenses incurred by the City,
the Bank as agent for the holder of the Bond, or the holder
of the Bond.
Section 10.5. No Additional Waiver Implied by One
Waiver. In the event any term, covenant or agreement
contained in this Agreement shall be breached by either
party and thereafter waived by the other party, such
waiver shall be limited to the particular breach hereunder.
ORDINANCES 469
ARTICLE XL
Prepayment
Section 11.1. Optional Prepayment. The Company shall
have the right upon two Banking Days' prior written notice
to the City and the Bank as agent for the holder of the
Bond and the holder of the Bond, to prepay the moneys due
hereunder in whole or in part on any interest payment date,
provided that (i) each partial prepayment shall be in an
amount not less than $50,000 (and in multiples of $5,000),
(ii) interest on the amount prepaid accrued to the prepay-
ment date, shall be paid on such prepayment date, and (iii)
each partial prepayment shall be applied to the principal
due hereunder in the inverse order of the installment pay-
ment dates. Such prepayment shall be without premium or
penalty.
Section 11.2. Mandatory Prepayment. The Company
shall be obligated to prepay the amounts due hereunder if,
prior to the expiration of the Loan Term and prior to the
full payment of the Bond, any of the following shall have
occurred:
(a) As a result of any change in the Constitution of the
State of Maryland, or the Constitution of the United States
of America, or of legislative or administrative action
(whether State or federal), this Agreement or the Ordi-
nance shall have become void or unenforceable or impossible
of performance in accordance with the intent and purposes
of the parties as expressed in this Agreement or in the
Ordinance; or
(b) The Company, or its permitted successors or as-
signs, shall, for any reason whatsoever, discontinue the use
and occupancy of the Industrial Building, or any part
thereof, for its intended purposes.
The Company shall, within 10 days following knowledge
by it of any of the events obligating the Company to prepay
the amounts due under this Section 11.2, give written notice
to the City, the Bank as agent for the holder of the Bond,
and the holder of the Bond, indicating whether any of the
principal of or interest on the Bond shall then be unpaid,
and shall specify therein the proposed date of such prepay-
ment, which date shall be not less than 15 nor more than
470 ORDINANCES Ord. No. 726
60 days from the date such notice is mailed, and shall make
arrangements satisfactory to the Bank as agent for the
holder of the Bond and the holder of the Bond for the pre-
payment of the Bond.
The amount payable by the Company pursuant to the
provisions of this Section shall be the sum of the following
(i) an amount of money which when added to the amount
on deposit with the Bank as agent for the holder of the
Bond for payment of the Bond, if any, will be sufficient to
prepay all the outstanding principal of and accrued and
unpaid interest on the Bond, including all payment ex-
penses ; plus (ii) an amount of money equal to the fees and
expenses of the Bank, the fees and expenses of the Bank as
agent for the holder of the Bond, and the fees and expenses
of the City, if any, accrued and to accrue until such final
payment of the Bond.
ARTICLE XII.
Miscellaneous
Section 12.1. Notices. All notices, certificates or other
written communications hereunder shall be sufficiently
given and shall be deemed given when mailed by registered
mail, postage prepaid, addressed as follows : if to the City,
to the Deputy Treasurer of the City, City Hall, Baltimore,
Maryland 21202 ; if to the Company to ,
The Mudge Paper Company, 1400 Russell Street, Baltimore,
Maryland 21230 ; and, if to the Bank as agent for the holder
of the Bond, to Mercantile-Safe Deposit and Trust Com-
pany, 2 Hopkins Plaza, Baltimore, Maryland 21201. A
duplicate copy of each notice, certificate or other communi-
cation given hereunder by either the City or the Company
to the other shall also be given to the Bank as agent for the
holder of the Bond. The City, the Company, the Bank as
agent for the holder of the Bond, and the holder of the
Bond, may, by written notice given hereunder, designate
any further or different addresses to which subsequent
notices, certificates or other communications shall be sent.
Section 12.2. Expenses. The Company agrees to pay,
whether out of the proceeds of the Loan or other funds, all
reasonable expenses of the City, the Bank, the Bond Regis-
ORDINANCES 471
trar (referred to in the Ordinance) and the Bank as agent
for the holder of the Bond (including the fees and ex-
penses of their counsel) in connection with the issuance
of the Bond and the transactions contemplated hereby,
including all costs of recording and filing (fees and taxes).
In addition, upon notice in writing from the Bank as agent
for the holder of the Bond to the Company that the holder
of the Bond or the Bank as agent for the holder of the
Bond has incurred any tax liability or other expenses re-
sulting from the imposition by the United States Govern-
ment of taxes or other levies in connection with this Agree-
ment, other than federal income taxes referred to in
Section 5.3 hereof, the Company agrees to pay any and all
such taxes or expenses. So long as the Bank is the holder
of the Bond, the Bank as agent for the holder of the Bond
shall not charge a fee for its ordinary services in such
capacity. In no event shall any services or action rendered
or taken by the Bank as agent for the holder of the Bond
occasioned by any event of default hereunder be deemed
"ordinary services." During such period as the Bond, or
any part thereof, is held by anyone other than the Bank, the
Company shall pay directly to the Bank as agent for the
holder of the Bond a reasonable fee sufficient to compen-
sate it for its services in such capacity as agent for the
holder of the Bond, and failure to pay such fee shall be
deemed an event of default under this Agreement.
Section 12.3. Books and Records. The City, the holder of
the Bond and the Bank as agent for the holder of the
Bond, in the event any of the principal of and interest on
the Bond shall at the time be outstanding and unpaid, may
have access to and inspect, examine, and make copies of
the books and records and any and all accounts, data and
income tax and other tax returns of the Company.
Section 12.4. Binding Effect This Agreement shall inure
to the benefit of and shall be binding upon the City, the
Company, and their respective successors and assigns.
Section 12.5. Severability. In the event any provision of
this Agreement shall be held invalid or unenforceable by
any court of competent jurisdiction, such holding shall not
472 ORDINANCES Ord. No. 726
invalidate or render unenforceable any other provision
hereof.
Section 12.6. Amounts Remaining with Bank. It is
agreed by the parties hereto that any amounts remaining
with the Bank as agent for the holder of the Bond upon
expiration or sooner termination of the Loan Term, as pro-
vided in this Agreement, after payment in full of the Bond
and the fees, charges and expenses of the Bank, the Bank
as agent for the holder of the Bond and the City and all
other expenses required to be paid under this Agreement,
the Deed of Trust, the Trust Agreement and the Guaranty
Agreement, shall belong to and be paid to the Company
by the Bank as agent for the holder of the Bond as an
overpayment of the amounts due hereunder.
Section 12.7. Amendments, Changes and Modifications.
Except as otherwise provided in this Agreement, subse-
quent to the issuance of the Bond and prior to its payment
in full, this Agreement may not be amended, changed,
modified, altered, or terminated without the prior written
consent of the Bank as agent for the holder of the Bond
and of the holder of the Bond.
Section 12.8. Executed Counterparts. This Agreement
may be executed in several counterparts, each of which
shall be an original and all of which shall constitute but
one and the same instrument.
Section 12.9. Indemnification of City and Bank. The
Company shall protect, indemnify, and save harmless the
City, the Bank and the Bank as agent for the holder of
the Bond and their respective officers, employees and agents
against and from any and all liabilities, suits, actions,
claims, demands, losses, expenses and costs of every kind
and nature incurred by, or asserted or imposed against,
the City, the Bank, the Bank as agent for the holder of
the Bond and their respective officers, agents or employees,
or any of them, by reason of any accident, injury (includ-
ing death) or damage to any person or property, howso-
ever caused, resulting from, connected with or growing
out of any act of commission or omission of the Company,
or any officers, employees, agents, assignees, contractors
or subcontractors of the Company, or any use, non-use,
ORDINANCES 473
possession, occupation, condition, operation, service, design,
construction, acquisition, maintenance or management of,
or on, or in connection with, the Industrial Building or any
part thereof, during the term of this Agreement and regard-
less of whether such liabilities, suits, actions, claims, de-
mands, damages, losses, expenses and costs be ag*ainst or be
suffered or sustained by the City, the Bank, or the Bank as
agent for the holder of the Bond or any of their respective
officers, agents or employees, or be against or be suffered
or sustained by other persons, corporations, or other legal
entities to whom the City, the Bank, or the Bank as agent
for the holder of the Bond or any of their respective
officers, agents or employees may become liable therefor.
The City shall not be liable for any damage or injury oc-
curring during the term of this Agreement, to the persons
or property of the Company or any of its officers, agents,
including operating personnel, contractors and employees,
or any other person or entity who or which may be upon
the Industrial Building, due to any act or negligence of
any person or entity other than the City, its officers, agents,
servants and employees. The Company may, and if so re-
quested by the City, the Bank, or the Bank as agent for
the holder of the Bond shall, undertake to defend, at its
sole cost and expense, any and all suits, actions or pro-
ceedings brought against the City, the Bank, or the Bank
as agent for the holder of the Bond or any of their re-
spective officers, agents or employees in connection with
any of the matters mentioned in this Section, provided that
the City, the Bank, or the Bank as agent for the holder of
the Bond shall give the Company timely notice of and shall
forward to the Company every demand, notice, summons or
other process received with respect to any claim or legal
proceedings within the purview hereof.
Section 12.10. Filing. The security interest created
herein and by the Assignment shall be perfected by the
filing of financing statements which fully comply with the
Maryland Uniform Commercial Code — Secured Transac-
tions, in the office of the Clerk of the Superior Court of
Baltimore City, Maryland, and in the Office of the State
Department of Assessments and Taxation, in the City of
Baltimore, Maryland, and by the recording of the Deed of
Trust among the Land Records of Baltimore City, Mary-
474 ORDINANCES Ord. No. 726
land, to the end that the rights of the holder of the Bond
and the Bank as agent for the holder of the Bond shall be
fully preserved as against creditors of, or purchasers for
value from, the City or the Company. The parties further
agree that all necessary continuation statements shall be
filed within the time prescribed by the Maryland Uniform
Commercial Code — Secured Transactions, in order to con-
tinue the security interest created by this Agreement and
the Assignment.
Section 12.11. Net Agreement. This Agreement shall
be deemed and construed to be a "net agreement", and the
Company shall repay absolutely net during the Loan Term
all payments required hereunder, free of any deductions,
without abatement, deduction or setoff.
Section 12.12. Law Governing Construction of Agree-
ment. This Agreement shall be governed by, and con-
strued in accordance with, the laws of the State of Mary-
land.
Section 12.13. Exculpation for City. Nothing in this
Loan Agreement shall be construed as creating any pecu-
niary liability by the City to the Bank as agent for the
holder of the Bond or to the holder of the Bond.
IN WITNESS WHEREOF, MAYOR AND CITY COUN-
CIL OF BALTIMORE, MARYLAND has caused this
Agreement to be executed by the manual signature of its
Mayor, and its corporate seal to be impressed hereon, and
attested by the manual signature of its Deputy Treasurer;
and THE MUDGE PAPER COMPANY has caused this
Agreement to be executed by the manual signature of its
, and its corporate seal to be impressed
hereon, and attested by its Secretary or its Assistant Secre-
tary all being done as of the day and year first above
written.
MAYOR AND CITY COUNCIL
OF BALTIMORE
By
Mayor
ORDINANCES 475
ATTEST:
Deputy Treasurer
[CITY SEAL]
THE MUDGE PAPER COMPANY
By -
[COMPANY SEAL]
EXHIBIT A
to
Loan Agreement dated as of , 1978
by and between Mayor and City Council of Baltimore
and The Mudge Paper Company
DESCRIPTION OF INDUSTRIAL BUILDING
The Industrial Building will be located in the Crossroads
Industrial Centre, Baltimore City, Maryland, and will con-
sist of a warehouse and office building to be used in the
Company's business of the distribution of paper and paper
products. The proposed facility will consist of a 42,000 to
60,000 square foot building on a 4.67 acre parcel of land
to be purchased from the City with the proceeds of the
Bond. In addition, the Company intends to purchase equip-
ment, including shelving, with the proceeds of the Bond in
order to supplement equipment transferred to the Indus-
trial Building from the Company's present location.
It is anticipated that approximately 35 to 46 employees
will work at the facility.
The Industrial Building will be completed in accordance
with the Plans and Specifications referred to and defined
in the Trust Agreement (as defined in the Loan Agree-
ment to which this Exhibit A is attached).
Sec. 12. Be it further ordained, That the Assignment by
which the City assigns to the Bank as agent for the holder
of the Bond all of its right, title and interest in and to,
and remedies under the Loan Agreement and moneys due
476 ORDINANCES Ord. No. 726
and to become due the City thereunder, and all collateral
pledged thereunder, and all of its right, title and interest
in and to, and remedies under, the Deed of Trust, shall be
substantially in the following form, and the form, with
such changes therein as the Commissioners of Finance of
the City shall approve, is hereby adopted by the City as
and for the form and tenor of the obligation to be per-
formed, and the Assignment is hereby made binding upon
the City.
FORM OF ASSIGNMENT
ASSIGNMENT
For the benefit of the holder, from time to time, of the
City of Baltimore, Maryland Industrial Development Reve-
nue Bond (The Mudsre Paper Company Project) in the
principal amount of $1,000,000 dated as of June 1, 1978
(herein called the "Bond") , and as security for the due and
punctual payment of the principal of and interest due on
the Bond and as security for the performance by Mayor
and City Council of Baltimore (herein called the "City"),
of any other obligations under Ordinance No. of the
City, approved by the Mayor of the City on , 1978
(herein called the "Ordinance"), the City hereby pledges
and assigns to Mercantile-Safe Deposit and Trust Com-
pany as agent for the holder of the Bond (in such capacity
herein called the "Assignee"), the following: (a) all right,
title and interest of the City in, to and under that certain
Loan Agreement dated as of the date hereof (herein called
the "Loan Agreement"), between the City and The Mudge
Paper Company, a Maryland corporation (herein called the
"Company"), together with all moneys due and to become
due to the City thereunder (except any payments to be
made to the City pursuant to the fourth literary paragraph
of Section 5.3 of the Loan Agreement and Sections 10.4,
12.2 and 12.9 of the Loan Agreement), and all collateral
pledged from time to time thereunder as security for the
loan in the amount of $1,000,000 made by the City to the
Company on the date hereof (the "Loan"), which Loan is
evidenced and secured by the Loan Agreement, and all
rights and remedies of the City thereunder, and the City
hereby appoints the Assignee as agent for the purpose of
receiving and disbursing such moneys due and to become
due under the Loan Agreement, (b) all right, title and
ORDINANCES 477
interest of the City in, to and under that certain Deed of
Trust dated as of the date hereof (herein called the "Deed
of Trust"), between the Company and
and , trustees, executed and delivered
by the Company as security for the Loan.
The Assignee shall not by the acceptance of this Assign-
ment be deemed to assume, or in any way to become re-
sponsible for the performance of, any of the duties, under-
takings or obligations of the City under the Loan Agree-
ment, except as specifically set forth herein.
The Assignee, by the acceptance hereof, hereby agrees
with the City for the benefit of the holder of the Bond as
follows :
A. The Assignee shall receive and hold the rights and
moneys hereby assigned, in trust, for the benefit of the
holder from time to time of the Bond and shall promptly
apply all moneys from time to time received and held by
the Assignee hereunder in the following order of priority:
first, to the payment when due of interest (including addi-
tional interest, if any), and premium, if any, on the Bond;
second, to the payment when due of principal of the Bond;
third, to the payment of any additional expenses as pro-
vided in Sections 5.3, 10.4, 12.2 and 12.9 of the Loan Agree-
ment; and, fourth, as to any balance remaining with the
Assignee upon expiration or earlier termination of the
Loan Term as described in the Loan Agreement, to the
Company in accordance with the provisions of the Loan
Agreement. The Assignee further agrees that it shall en-
force, at the direction of the holder of the Bond, each and
every right granted to the City pursuant to the Loan
Agreement and the Deed of Trust, and that nothing in the
aforesaid instruments, or this Assignment, shall obligate
the City to act or refrain from acting under such instru-
ments, it being understood that the holder of the Bond
shall look solely to the Bank as agent for the holder of the
Bond pursuant to this Assignment for enforcement of its
rights and remedies under the Loan Agreement, the Deed
of Trust, the Bond, and the Guaranty Agreement referred
to in the Loan Agreement.
B. The Assignee accepts this Assignment upon the fol-
lowing express terms and conditions:
478 ORDINANCES Ord. No. 726
1. The Assignee shall not be liable or responsible for
any action taken or omitted by it under this Assignment
or with respect to the Bond, except for its own gross
negligence or willful misconduct;
2. The holder of the Bond (other than the Assignee)
shall indemnify and hold the Assignee harmless against
any cost or expense (including counsel fees) and against
any loss or liability (except such as results from the As-
signee's own gross negligence or misconduct), which the
Assignee may suffer or incur by reason of any action taken
or omitted by the Assignee hereunder;
3. The Assignee shall carry out its duties hereunder
in accordance with the express provisions of this Assign-
ment and the Loan Agreement, provided that, as to any
matters not expressly provided for, the Assignee may act
and refrain from acting in its reasonable discretion; and
4. Nothing in this Assignment shall be construed as
creating any pecuniary liability on the part of the City
to the holder of the Bond.
This Assignment shall constitute a first lien upon the
rights of the City under (a) the Loan Agreement and of
all moneys due and to become due to the City thereunder,
and the collateral pledged thereunder, and (b) the Deed
of Trust, subject to no equal or prior lien or encumbrance
of any nature whatsoever. With respect to the security
interest created hereby, the Assignee shall have all of the
rights and remedies of a secured party under the Maryland
Uniform Commercial Code.
IN WITNESS WHEREOF, the City has caused this As-
signment to be duly executed by its Mayor by his manual
signature and has caused its official seal to be hereunto
affixed and attested by its Deputy Treasurer by his manual
signature, all as of the day of , 1978.
ATTEST: MAYOR AND CITY COUNCIL
OF BALTIMORE
- By
Deputy Treasurer Mayor
[CITY SEAL]
ORDINANCES 479
ACCEPTED :
MERCANTILE-SAFE DEPOSIT
AND TRUST COMPANY
By -
ACKNOWLEDGMENT
The undersigned hereby acknowledges receipt of notice
of the foregoing Assignment, and intending to be legally
bound, hereby agrees with the Assignee therein named (1)
to pay directly to the Assignee all moneys due and to be-
come due from the undersigned under the Loan Agree-
ment referred to in the Assignment, (2) to perform for
the benefit of the Assignee all of the duties and under-
takings of the undersigned under the Loan Agreement re-
ferred to in the Assignment, and (3) that the Assignee
shall not be obligated by reason of the Assignment to per-
form or be responsible for the performance of any of the
duties, undertakings or obligations of the City under the
Loan Agreement.
IN WITNESS WHEREOF, the undersigned has caused
this Acknowledgment to be duly executed in its name and
its seal to be hereunto affixed and attested by its duly
authorized officers, all as of the day of ,
1978.
ATTEST: THE MUDGE PAPER COMPANY
- By _
Sec. 13. Be it further ordained, That the Trust Agree-
ment by and between the Company and the Trustees pur-
suant to which the proceeds of the Loan will be deposited in
trust with the Trustees and held, invested and disbursed by
them as therein provided, shall be substantially in the fol-
lowing form, and the form, with such changes therein as
the Commissioners of Finance of the City shall approve on
behalf of the City is hereby adopted by the City as and for
the form and tenor of the Trust Agreement.
FORM OF TRUST AGREEMENT
TRUST AGREEMENT
THIS TRUST AGREEMENT is made as of the day
of , 1978, by and between THE MUDGE PAPER
480 ORDINANCES Ord. No. 726
COMPANY, a Maryland corporation, (the "Company")
and and , Trustees,
(the "Trustees").
RECITALS
A. Pursuant to, and in accordance with, the authority
set forth in Article 41, Sections 266A through 266-1 of the
Annotated Code of Maryland (1978 Replacement Volume),
as amended (the "Act"), the Company has received from
Mayor and City Council of Baltimore (the "City"), a loan
in the amount of $1,000,000 (the "Loan") evidenced and
secured by a Loan Agreement between the City and the
Company of even date herewith (the "Loan Agreement"),
and also secured by a Deed of Trust between the Company
and and ,
Trustees (the "Deed of Trust"). The proceeds of the Loan
will be used to finance the acquisition (as that term is de-
fined in the Act) of a certain "industrial building" (as that
term is defined in the Act) to be located in the City of Bal-
timore, Maryland (the "Industrial Building"), which In-
dustrial Building is more particularly described in Exhibit
A attached to and made a part of the Loan Agreement.
B. The City has borrowed the money necessary to ac-
complish the aforesaid financing by issuing, pursuant to
the Act, its Mayor and City Council of Baltimore, Maryland
Industrial Development Revenue Bond (The Mudge Paper
Company Project), in the principal amount of $1,000,000
dated as of June 1, 1978 (the "Bond"), which Bond has,
on the date of the delivery hereof, been purchased at par
from the City by Mercantile-Safe Deposit and Trust Com-
pany, a Maryland banking corporation (the "Bank").
C. The issuance, sale and delivery of the Bond by the
City has been authorized by the Act and by Ordinance No.
of the City approved by the Mayor of the City
on , 1978 (the "Ordinance").
D. The City has made the Loan, and the Bank has pur-
chased the Bond, upon the condition that this Trust Agree-
ment be executed and delivered to assure the application of
the proceeds of the Loan to the acquisition of the Industrial
Building and financing costs, in accordance with the de-
ORDINANCES 481
scription of the Industrial Building set forth in Exhibit A
to the Loan Agreement.
NOW, THEREFORE, this Trust Agreement witnesses:
1. Completion. The Company covenants and agrees
to complete the acquisition of the Industrial Building as
described in Exhibit A to the Loan Agreement and in
accordance with the plans and specifications prepared by
(the "Architect") heretofore submitted
to and approved by the Bank and by the Department of
Housing and Community Development (the "Plans and
Specifications" ) and in accordance with the construction
contract between the Company and (the
"General Contractor") heretofore submitted to and ap-
proved by the Bank, on or before , 197 .
2. Receipt by Trustees. The Trustees have received
from the Company the sum of $1,000,000 (the "Deposit")
and have deposited the same to their credit as Trustees
in a special account with the Bank to be held, invested and
paid out by the Trustees as hereinafter provided. The De-
posit shall be disbursed in accordance with the provisions of
paragraphs 5 and 6 of this Trust Agreement and shall be
made as the acquisition of the Industrial Building pro-
gresses.
3. Investment of Deposit. The Deposit shall be invested
by the Trustees as set forth in Section 4.6 of the Loan
Agreement, and any profits of such investment shall be
paid over by the Trustees to the Bank as agent for the
holder of the Bond, and applied by the Bank as agent for
the holder of the Bond, as set forth in such Section 4.6.
4. Additional Funds. The Company has covenanted
with the City and the Bank as agent for the holder of
the Bond, that if at any time the unpaid cost of the acquisi-
tion of the Industrial Building (including all items of cost
set forth in Section 4.3 of the Loan Agreement) shall exceed
the undisbursed balance of the Deposit, it will provide from
sources other than the Loan the funds necessary to pay the
total cost of the acquisition of the Industrial Building (in-
cluding all items of cost set forth in Section 4.3 of the Loan
Agreement) free of all liens except the Deed of Trust. The
482 ORDINANCES Ord. No. 726
Company's funds so required shall be advanced before any-
initial or further disbursement of the Deposit.
5. Disbursements.
5.1 Not Assignable. The Deposit shall not be assign-
able by the Company nor subject to the process of any court
upon legal action by or against the Company or by or
against anyone claiming under or through it, and for the
purposes of this Agreement, the Deposit shall remain in the
custody of the Trustees until the Company complies with
each and all of the provisions hereof, provided, however,
that nothing herein contained shall be considered as in
anywise modifying, affecting or subordinating the obliga-
tions heretofore given or to be given by the Company as
security for the Loan, and the same shall be and remain
in full force, tenor and effect, this Agreement being in-
tended only as additional security and protection for the
Loan and to assure its use for the purposes intended by the
City, the Bank as agent for the holder of the Bond and the
Company.
5.2 Requisitions. Disbursements by the Trustees shall
be made on requisitions signed by the Authorized Company
Representative referred to in the Loan Agreement, on
behalf of the Company, setting forth (a) the name of the
person, firm or corporation to whom payment is due, (b)
the amount to be paid, and (c) the purpose in reasonable
detail for which the obligation to be paid was incurred.
Each requisition for construction costs shall include the
AIA approved form which shall be signed by the General
Contractor, and approved and signed by an engineer or in-
spector representing the Bank as agent for the holder of
the Bond. Each requisition shall contain the certification
by the Authorized Company Representative referred to in
the Loan Agreement that (a) none of the items for which
funds are being requisitioned has formed the basis for any
advance theretofore made hereunder, (b) each item for
which funds are being requisitioned is necessary in con-
nection with the acquisition of the Industrial Building as
described in Exhibit A attached to and made a part of the
Loan Agreement, and (c) all of the funds being requisi-
tioned are being used in compliance with Section 103 (b) (2)
ORDINANCES 483
of the Internal Revenue Code and Treasury Regulations
thereunder, and that substantially all of such funds are
being used for the acquisition of land, or for the acquisi-
tion, construction or installation of property of a character
subject to the allowance for depreciation as prescribed in
Section 103(b) (6) (A) of the Internal Revenue Code and
the Treasury Regulations thereunder. No disbursement will
be made for materials which are not physically incorporated
into the Industrial Building unless the Bank as agent for
the holder of the Bond instructs the Trustees to make any
such disbursements. Disbursements for construction costs
(other than the last advance) shall be not more than 90%
of the amount requisitioned or such greater percentage
as may be agreed by the Bank as agent for the holder of
the Bond. All disbursements hereunder will be made di-
rectly to the Company; or, if directed to do so by the
Bank as agent for the holder of the Bond, the Trustees
shall make all advances jointly to the Company and the
General Contractor, or jointly to the Company, the General
Contractor, and any subcontractor, laborer, materialman,
or person furnishing labor, services, or materials used or
to be used in the acquisition of the Industrial Building. The
final holdback of the cost of construction will be retained
until the Trustees have been furnished with (i) a copy of
the Certificate of Completion required by Section 4.4 of
the Loan Agreement, (ii) final waivers of liens from the
General Contractor and all subcontractors, and (iii) a
copy of the permanent occupancy certificate. The Trustees
shall have a period of ten (10) banking days within which
to fund each requisition. Requisitions for indirect costs
(meaning all costs not included in the construction con-
tract between the Company and the General Contractor
and including any costs for equipment) must be approved
in writing by the Bank as agent for the holder of the Bond
prior to any disbursement by the Trustees of any portion of
the Deposit for any such indirect costs.
5.3 Completion of Acquisition. After completion of the
acquisition of the Industrial Building and payment of all
costs in connection therewith, any balance remaining in
the Deposit shall be applied by the Trustees as set forth
in the last literary paragraph of Section 4.3 of the Loan
Agreement.
484 ORDINANCES Ord. No. 726
5.4 Liability of the Trustees, the City, the Bank and
the Bank as agent for the holder of the Bond. The Trustees,
the City, the Bank, and the Bank as agent for the holder
of the Bond, shall in no event be responsible or liable to
any person other than the Company for the disbursement
of or failure to disburse the Deposit or any part thereof
and neither the General Contractor nor any subcontractor
nor material supplier shall have any right or claim against
the Bank, the Bank as agent for the holder of the Bond, the
City or the Trustees under this Agreement or the admin-
istration thereof.
6. Conditions Precedent to Disbursements. With each
request for a disbursement hereunder, the Company shall
deliver to the Trustees a requisition covering the disburse-
ment requested meeting the requirements of paragraph 5.2
hereof. The following shall be conditions precedent to each
such disbursement:
(a) the Company shall not be in default in the per-
formance of the terms and provisions of this Agreement
or the Loan Agreement; and
(b) there shall be sufficient time in the opinion of the
Bank as agent for the holder of the Bond, to complete the
acquisition of the Industrial Building within the period
of time provided in Section 1 hereof.
7. Covenants of the Company. The Company repre-
sents and warrants to and covenants with the Trustees
for the benefit of the City and the Bank as agent for the
holder of the Bond, that:
7.1 The Industrial Building and the use thereof for its
intended purposes will not violate any zoning or other ordi-
nance or law or agreement of the Company applicable to
the Industrial Building or its use, that the Plans and Speci-
fications for the acquisition of the Industrial Building have
been approved by all governmental authorities having juris-
diction, and that all necessary building permits have been
obtained or will be obtained.
7.2 The Company will furnish to the Trustees, upon
request, assurances satisfactory to the City and the Bank
that funds necessary to complete the acquisition of the
Industrial Building in excess of sums in the Deposit will be
ORDINANCES 485
advanced by the Company, pursuant to Paragraph 4 of this
Trust Agreement.
7.3 No material changes will be made in the Industrial
Building to be acquired as described in Exhibit A attached
to and made a part of the Loan Agreement or in the Plans
and Specifications without the prior written approval of
the Bank as agent for the holder of the Bond.
7.4 The Company will pay the fees of any professional
engineer representing the Bank as agent for the holder of
the Bond.
7.5 The Company is, and shall remain, a corporation
organized, existing and in good standing under the laws of
the State of Maryland, except insofar as it may be merged,
consolidated, or reorganized in a manner permitted by Sec-
tion 6.2 of the Loan Agreement.
8. Default. Upon the occurrence of an event of default
under this Agreement, the Trustees, at the request of the
Bank as agent for the holder of the Bond, shall apply the
balance of the Deposit then in their hands as provided in
the last literary paragraph of Section 4.3 of the Loan
Agreement. It shall be an event of default under this Agree-
ment:
(a) if any representation or warranty made by the
Company in this Agreement is incorrect in any material
respect; or
(b) if the Company shall default in the performance
of any covenant or agreement contained in this Agreement
and such default shall continue for 30 days after written
notice to the Company of the existence of such default;
provided, however, if such default be such that it cannot be
corrected within 30 days, it shall not be a default if the
Company is taking appropriate corrective action to cure
such default and if in the reasonable determination of the
Bank as agent for the holder of the Bond, such default does
not impair the security for the Bond.
(c) if the City or the Bank as agent for the holder of
the Bond, shall advise the Trustees that an event of default
has occurred and is continuing under the Loan Agreement
or any other instrument evidencing or securing the Loan ; or
486 ORDINANCES Ord. No. 726
(d) if the Company fails to complete the acquisition of
the Industrial Building within the period specified in Sec-
tion 1 hereof, time being of the essence ; or
(e) if work on the Industrial Building stops for a
period of 15 days (except for stoppages caused by strikes,
lockouts, labor disputes, fire, unusual delay in transporta-
tion or in delivery of materials, unavoidable casualty,
weather or Acts of God) or is not proceeding in a manner
reasonably satisfactory to the Bank as agent for the holder
of the Bond, time being of the essence ; or
(f ) if the Company makes any assignment for the bene-
fit of creditors, is adjudicated a bankrupt, or a receiver is
appointed for its assets ; or
(g) if the Company shall assign or in any other manner
transfer the Industrial Building without the prior written
consent of the Bank and the Trustees ; or
(h) if any mechanics' liens are established against the
Industrial Building and are not caused to be discharged or
bonded against by the Company within 30 days after it
receives notice of the establishment thereof.
9. Miscellaneous.
9.1 Notices. All notices, requests and demands upon
the respective parties hereto shall be deemed to have been
given or made when deposited in the United States mail,
postage prepaid, and addressed as follows:
to the Bank: Mercantile-Safe Deposit and
Trust Company
2 Hopkins Plaza
Baltimore, Maryland 21201
Attn:
to the Company: The Mudge Paper Company
1400 Russell Street
Baltimore, Maryland 21230
Attn:
to the Trustees: c/o Mercantile-Safe Deposit
and Trust Company
2 Hopkins Plaza
Baltimore, Maryland 21201
ORDINANCES 487
9.2 No Waiver; Cumulative Remedies. No failure by
the Bank as agent for the holder of the Bond, or the
Trustees to exercise, and no delay in exercising", any right,
power or privilege under this Agreement shall operate as a
waiver thereof; nor shall any agreement operate as a
waiver thereof; nor shall any partial exercise of any right,
power or privilege hereunder preclude any other or further
exercise thereof or the exercise of any other right, power or
privilege.
9.3 Regarding the Trustees. The Trustees, by the ac-
ceptance and performance of this trust do not assume any
personal liability, and the Company hereby releases them
and each of them from any such liability, and no claim shall
be made by the Company upon the Trustees for or on ac-
count of any matter or thing in excess of the balance of the
Deposit remaining in their hands and undisposed of in
accordance with the terms of this Agreement. Any one or
more of the Trustees may act on behalf of all. The Trustees
are hereby empowered by the Company and the Bank as
agent for the holder of the Bond, to deposit the Deposit
with the Bank to be invested according to the provisions
of Section 4.6 of the Loan Agreement and to be disbursed
on direction of the Trustees as more fully provided in this
Trust Agreement and the Loan Agreement. The reasonable
investment fees of the Bank shall be paid by the Company.
9.4 Survival of Agreements. All agreements, covenants,
representations and warranties of the Company made in this
Agreement shall survive the making of the disbursements
hereunder.
9.5 Successors. This Agreement shall be binding upon
and inure to the benefit of the Company, the City and the
Bank as agent for the holder of the Bond and the Trustees,
and the Company's successors and assigns, the Bank's suc-
cessors and assigns and the City's successors and assigns,
and to the surviving Trustees or Trustee and their or his
successors in the trust. In the event of the death, resigna-
tion or incapacity of any Trustee, the remaining Trustee or
Trustees shall designate a successor Trustee to such
Trustee.
488 ORDINANCES Ord. No. 726
9.6 Counterparts. This Agreement may be executed
in any number of counterparts and each such counterpart
shall be deemed to be an original, and all of which shall con-
stitute but one and the same instrument.
9.7 Applicable Law. This Agreement is made, exe-
cuted and delivered in the State of Maryland and Maryland
law shall govern its interpretation, performance and en-
forcement.
9.8 No Representations and Warranties by Bank and
Bank as Agent for the Holder of the Bond. Neither the ap-
proval by the Bank or the Bank as agent for the holder of
the Bond of the Plans and Specifications, nor any subse-
quent inspections or approvals of the Industrial Building
during construction shall constitute a warranty or repre-
sentation by the Bank or the Bank as agent for the holder
of the Bond, or any of its agents, representatives or desig-
nees, as to the technical sufficiency, or adequacy or safety
of the structure or any of its component parts, including
without limitation, its fixtures, equipment or furnishings,
nor shall such approvals or inspections constitute such a
warranty or representation as to the subsoil conditions
involved in the project or any other physical condition or
feature pertaining to the Industrial Building. All acts,
including any failure to act, relating to the Industrial Build-
ing by any agent, representative or designee of the Bank or
the Bank as agent for the holder of the Bond are performed
solely for the benefit of the Bank and the Bank as agent for
the holder of the Bond to assure repayment of the Loan and
are not for the benefit of the Company or the benefit of any
other person. The Company agrees to indemnify the Bank
and the Bank as agent for the holder of the Bond and to
hold it harmless against any loss or expense (including
reasonable attorneys' fees) resulting from any and all
claims, actions, settlements, or liability for acts or failure to
act in connection with the Industrial Building and set forth
in this Section 9.8.
9.9 Definitions. The terms "Acquisition", "acquisi-
tion", "Act", "Authorized Company Representative",
"Bank", "Bank as agent for the holder of the Bond", "Bank-
ing Day", "Bond", "City", "Company", "Deed of Trust",
ORDINANCES 489
"Industrial Building", "Loan", "Loan Agreement", "Ordi-
nance", and "Trustees", as used herein, shall have the mean-
ings ascribed thereto in Article I of the Loan Agreement
unless the context clearly indicates a contrary meaning.
IN WITNESS WHEREOF, the parties hereto have
caused this Agreement to be executed, sealed and delivered
as of the day and year first above-written.
THE MUDGE PAPER COMPANY
By
ATTEST:
[CORPORATE SEAL]
TRUSTEES
By (SEAL)
as Trustee
By (SEAL)
as Trustee
WITNESS:
Sec. 14. Be it further ordained, That the Deed of Trust
shall be in such form and contain such provisions as the
Commissioners of Finance of the City shall approve on
behalf of the City.
Sec. 15. Be it further ordained, That the Guaranty Agree-
ment to be executed and delivered by the Company shall
be in such form and contain such provisions as the Com-
missioners of Finance of the City shall approve on behalf
of the City.
Sec. 16. Be it further ordained, That the execution and
delivery of the Bond, the Loan Agreement, and the As-
signment, and all other documents necessary to evidence
and secure the Bond and the Loan are hereby authorized.
The Bond, the Loan Agreement, the Assignment, and the
490 ORDINANCES Ord. No. 726
Trust Agreement, shall be in substantially the form set
forth in this Ordinance with such appropriate variations,
omissions and insertions as are approved by a resolution
of the Commissioners of Finance adopted prior to the sale
of the Bond. The Bond, the Loan Agreement and the As-
signment shall be executed on behalf of the City by the
Mayor of the City by his manual signature, and the cor-
porate seal of the City shall be impressed or otherwise
reproduced thereon and attested by the Deputy Treasurer
of the City by his manual signature. In case any officer
whose signature shall appear on the Bond or any of the
aforesaid documents shall cease to be such officer before
the delivery of the Bond or any of the other documents
aforesaid, such signature shall nevertheless be valid and
sufficient for all purposes, the same as if such officer had
remained in office until delivery. The Mayor, the Deputy
Treasurer and other officials of the City shall do all such
acts and things and execute such supporting documents
and certificates as may be necessary to carry out and
comply with the provisions hereof. Before the execution
and delivery of the Bond by the Mayor to the Bank, the
City shall have received a certificate signed by an officer
of the Bank and satisfactory to counsel for the City stating
that (a) the Bank has purchased the Bond as a commer-
cial investment and not with a view to redistribute the
same to the general public, and (b) the Bank has not relied
upon the City for or received from the City any informa-
tion concerning the financial condition of The Mudge Paper
Company.
Sec. 17. Be it farther ordained, That the Commissioners
of Finance of the City are hereby authorized, by resolution
adopted prior to the sale of the Bond, to approve the final
form and provisions of the Bond, the Loan Agreement, the
Assignment, and the Trust Agreement, with such varia-
tions and omissions from the forms and provisions of such
instruments and documents included in this Ordinance and
with such insertions therein as the Commissioners of Fi-
nance of the City by such resolution shall approve. Such
resolution of the Commissioners of Finance of the City shall
also approve the final form and provisions of the Deed of
Trust and the Guaranty Agreement.
ORDINANCES 491
Sec. 18. Be it further ordained, That the provisions of
this Ordinance are severable, and if any provision, sentence,
clause, section or part thereof is held illegal, invalid or
unconstitutional or inapplicable to any person or circum-
stances, such illegality, invalidity or unconstitutionality, or
inapplicability shall not affect or impair any of the remain-
ing provisions, sentences, clauses, sections, or parts of this
Ordinance or their application to other persons or circum-
stances. It is hereby declared to be the legislative intent
that this Ordinance would have been passed if such illegal,
invalid or unconstitutional provision, sentence, clause, sec-
tion or part had not been included herein, and if the person
or circumstances to which this Ordinance or any part hereof
are inapplicable had been specifically exempted herefrom.
SEC. 19. Be it further ordained, That this Ordinance shall
take effect from the date of its passage.
Approved June 7, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 727
(Council No. 1057)
An Ordinance to authorize the use of the property PROP-
ERTIES known as 2202 Garrison Boulevard, 2204 GAR-
RISON BOULEVARD AND 2201 ROSLYN AVENUE
as outlined in red on the AMENDED plats accompanying
this ordinance, for an open air off-street parking facility
in the R-? R-5 District, pursuant to Section 4-? 4.5-ld
of Article 30 of the Baltimore City Code (4£66 1976 Edi-
tion), title "The Zoning Ordinance of Baltimore City".
(Ordinance Not 1051) approved April 20y 1971,
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the property PROPERTIES known as
2202 Garrison Boulevard, 2204 GARRISON BOULEVARD
AND 2201 ROSLYN AVENUE, as outlined in red on the
AMENDED plats accompanying this ordinance, be and it is
492 ORDINANCES Ord. No. 728
hereby authorized for use as an open air off-street parking
facility in the &-Z R-5 District, pursuant to Section 4»3
4.5-ld of Article 30 of the Baltimore City Code (4366 1976
Edition), title 'The Zoning Ordinance of Baltimore City".
(Ordinance Nor 1051) approvod A^r41 20, 4££k
Sec. 2. And be it further ordained, That upon passage
of this ordinance by the City Council, as evidence of the
authenticity of the plat which is a part hereof and in order
to give notice to the departments which are administering
the Zoning Ordinance, the President of the City Council
shall sign the plat, and when the Mayor approves the ordi-
nance, he shall sign the plat. The City Treasuruer shall
then transmit a copy of the ordinance and one of the
plats to the following: the Board of Municipal and Zoning
Appeals, the Planning Commission, the Commissioner of
the Department of Housing and Community Development,
the Commissioner of Transit and Traffic, and the Zoning
Administrator.
SEC. 3. And be it further ordained, That this ordinance
shall take effect thirty days from the date of its passage.
Approved June 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 728
(Council No. 1207)
An Ordinance authorizing the City Comptroller to sell at
either public or private sale in accordance with Article
V, Section 5(b) of the City Charter, 1964 Revision and
any and all amendments thereto all of the interest of the
Mayor and City Council of Baltimore, State of Maryland,
in and to all that property situate in Baltimore City,
Maryland, containing 7.705 acres, more or less being Lot
1 of the final subdivision of Carroll Industrial Park, said
property being no longer needed for public use by city.
ORDINANCES 493
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the Comptroller of Baltimore City be
and he is hereby authorized to sell at either public or private
sale, in accordance with Article V Section 5(b) of the City
Charter, 1964 Revision, all of the interest of the Mayor and
City Council of Baltimore in and to the parcel of land
situate in Baltimore City, and described as follows :
Being the parcel of land containing 7.705 acres, more or
less, being Lot 1 as shown on the final subdivision of said
parcel of land, lying within the Carroll Industrial Park.
Subject to the easements for the construction and main-
tenance of sewers, drains, water pipes and other municipal
utilities and services as shown on the aforesaid final sub-
division plan.
Said property being no longer needed for public use by
the City.
SEC. 2. Be it further ordained, That no deed or deeds
shall pass in accordance herewith until the same shall have
been first approved by the City Solicitor.
Sec. 3. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved June 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 729
(Council No. 1218)
An Ordinance to amend Sheet No. 46 of the Zoning District
Maps of Article 30 of the Baltimore City Code (1966 Edi-
tion), title "Zoning," (Ordinance No. 1051, approved
April 20, 1971) by changing from the M-l-3 Zoning Dis-
trict to the R-9 Zoning District the property generally
known as 501 East Preston Street, as outlined in red on
the plats accompanying this ordinance.
494 ORDINANCES Ord. No. 730
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That Sheet No. 46 of the Zoning District Maps
of Article 30 of the Baltimore City Code (1966 Edition),
title "Zoning," (Ordinance No. 1051, approved April 20,
1971) be and it is hereby amended by changing from the
M-l-3 Zoning District to the R-9 Zoning District the
property generally known as 501 East Preston Street, as
outlined in red on the plats accompanying this ordinance.
Sec. 2. And be it further ordained, That upon passage
of this ordinance by the City Council, as evidence of the au-
thenticity of the plat which is a part hereof and in order to
give notice to the departments which are administering the
Zoning Ordinance, the President of the City Council shall
sign the plat and, when the Mayor approves the ordinance,
he shall sign the plat. The City Treasurer shall then trans-
mit a copy of the ordinance and one of the plats to the fol-
lowing: the Board of Municipal and Zoning Appeals, the
Planning Commission, the Commissioner of the Department
of Housing and Community Development and the Zoning
Administrator.
Sec. 3. And be it further ordained, That this ordinance
shall take effect thirty days from the date of its passage.
Approved June 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 730
(Council No. 1442)
An Ordinance authorizing the Mayor and City Council of
Baltimore to sell at either public or private sale in ac-
cordance with Article V, Section 5(b) of the City Charter,
all of the interests of the Mayor and City Council of
Baltimore in and to those parcels of land and improve-
ments known as a parcel of land comprising a portion
of the former bed of Cold Spring Lane, varying in
width from Evans Chapel Road to Lawrence Avenue;
ORDINANCES 495
a parcel of land comprising a portion of the former bed
of Springlake Way, varying in width, contiguous to the
southwest side of Bellona Avenue; a parcel of land
comprising a portion of the former bed of Bay View
Avenue in the vicinity of Kane Street; a parcel of land
comprising a portion of the former bed of Bay View
Avenue in the vicinity of Kane Street; a parcel of land
comprising a portion of the former bed of Maude Ave-
nue extending from 3rd Street southeasterly to a 15
foot alley; a parcel of land comprising a portion of the
former bed of Maude Avenue extending from Horton
Avenue northwesterly to a 15 foot alley ; a parcel of land
comprising a portion of the former bed of Maude Ave-
nue extending from Horton Avenue southeasterly to a
15 foot alley; a parcel of land comprising a portion of
the former bed of Maude Avenue extending from 4th
Street northwesterly to a 15 foot alley, Baltimore,
Maryland, said properties being no longer needed for
public use.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the Comptroller of Baltimore City be
and he is hereby authorized to sell at either public or
private sale in accordance with Article V, Section 5(b) of
the City Charter all of the interests of the Mayor and
City Council of Baltimore in and to those parcels of land
situate in Baltimore, Maryland, and described as follows:
PARCEL NO. 1
BEGINNING for the same at the point formed by the
intersection of the southeast side of Cold Spring Lane,
100 feet wide, and the southwest side of Evans Chapel
Road, 40 feet wide, and running thence binding on the
southwest side of said Evans Chapel Road, Southeasterly
88 feet, more or less, to intersect the southeast side of the
former bed of Cold Spring Lane, varying in width, as
condemned and closed under Ordinance No. 952, approved
July 9, 1975 by the Mayor and City Council of Baltimore ;
thence binding on the southeast side of the former bed of
last said Cold Spring Lane, Southwesterly 109 feet, more
or less, to intersect the northeast extremity of a 10 foot
alley contiguous to and northwest of the northwest outline
496 ORDINANCES Ord. No. 730
of the property known as No. 4406-4410 Evans Chapel
Road;
thence binding on the northeast extremity of said 10 foot
alley, Northwesterly 10 feet, more or less, to the northwest
side of said 10 foot alley; thence binding on the northwest
side of said 10 foot alley, Southwesterly 55 feet, more or
less, to intersect the northeast side of Lawrence Avenue,
50 feet wide; thence binding on the northeast side of said
Lawrence Avenue, Northwesterly 80 feet, more or less,
to intersect the southeast side of Cold Spring Lane, 100
feet wide, and thence binding on the southeast side of Cold
Spring Lane, 100 feet wide, Northeasterly 192 feet, more
or less, to the place of beginning.
PARCEL NO. 2
BEGINNING for the same at the point formed by the
intersection of the southeast side of Springlake Way, 80
feet wide, and the southwest side of Bellona Avenue, vary-
ing in width, and running thence binding on the south-
west side of said Bellona Avenue, Southeasterly 59 feet,
more or less, to intersect the south side of the former bed
of Springlake Way, varying in width, as condemned and
closed under Ordinance No. 952, approved July 9, 1975
by the Mayor and City Council of Baltimore;
thence binding on the south side of the former bed of last
said Springlake Way, Westerly 74 feet, more or less, to
the southeast side of Springlake Way, 80 feet wide, and
thence binding on the southeast side of last said Spring-
lake Way, Northeasterly by a line curving to the right with
a radius of 1269.60 feet the distance of 79 feet, more or
less, to the place of beginning.
PARCEL NO. 3
BEGINNING for the same at the point formed by the
intersection of the northeast side of the former bed of Bay
View Avenue, 80 feet wide, as condemned and closed under
Ordinance No. 952, approved July 9, 1975 by the Mayor
and City Council of Baltimore and the north side of Lom-
bard Street, formerly known as Bay View Avenue, 80 feet
wide, said point of beginning being distant 1140.61 feet
southwesterly and westerly measured along the northwest
and north sides of said Lombard Street from the northwest
ORDINANCES 497
side of Kane Street, 80 feet wide, and running thence
binding on the north side of said Lombard Street, West-
erly by a line curving to the left with a radius of 1677.02
feet the distance of 289 feet, more or less, to intersect the
north side of the former bed of said Bay View Avenue,
as condemned and closed, and thence binding on the north
and northeast sides of the former bed of said Bay View
Avenue, as condemned and closed, the two following courses
and distances; namely, Easterly by a line curving to the
right with a radius of 995.37 feet the distance of 222.78
feet and Southeasterly 66.72 feet to the place of beginning.
PARCEL NO. 4
BEGINNING for the same at the point formed by the
intersection of the south side of Lombard Street, formerly
known as Bay View Avenue, 80 feet wide, and the south
side of the former bed of Bay View Avenue, 80 feet wide,
as condemned and closed under Ordinance No. 952, ap-
proved July 9, 1975 by the Mayor and City Council of
Baltimore, said point of beginning being distant 1074.73
feet northwesterly and westerly, measured along the south-
west and south sides of said Lombard Street from the
northwest side of Kane Street, 80 feet wide, and running
thence binding on the south side of the former bed of said
Bay View Avenue, as condemned and closed, the two fol-
lowing courses and distances;
namely, Westerly by a line curving to the left with a radius
of 915.37 feet the distance of 92 feet, more or less, and
Westerly 36 feet, more or less, to intersect the west outline
of the property now or formerly owned by Edward Azrael
and Wife "Etal" and known as Lot 21/25 of Block 6333 ;
thence binding on the west outline of said property, North-
erly 10 feet, more or less, to the south side of said
Lombard Street and thence binding on the south side of
said Lombard Street, Easterly by a line curving to the
right with a radius of 1597.02 feet the distance of 128
feet, more or less, to the place of beginning.
PARCEL NO. 5
BEGINNING for the same at the point formed by the
intersection of the southwest side of the former bed of
Maude Avenue, as condemned and closed under Ordinance
498 ORDINANCES Ord. No. 730
No. 952, approved July 9, 1975 by the Mayor and City
Council of Baltimore and the southeast side of 3rd Street,
70 feet wide, and running thence binding on the southeast
side of said 3rd Street, Northeasterly 20 feet to intersect
the southwest side of Maude Avenue, 100 feet wide;
thence binding on the southwest side of last said Maude
Avenue, Southeasterly 86.25 feet to intersect the north-
west side of a 15 foot alley laid out 86.25 feet southeast
of said 3rd Street; thence binding on the northwest side
of said alley, Southwesterly 20 feet to intersect the south-
west side of the former bed of said Maude Avenue, as
condemned and closed, and thence binding on the southwest
side of THE FORMER BED OF SAID Maude Avenue, as
condemned and closed. Northwesterly 86.25 feet to the place
of beginning.
PARCEL NO. 6
BEGINNING for the same at the point formed by the
intersection of the northwest side of Horton Avenue, 50
feet wide, and the southwest side of the former bed of
Maude Avenue, as condemned and closed under Ordinance
No. 952, approved July 9, 1975 by the Mayor and City
Council of Baltimore and running thence binding on the
southwest side of the former bed of said Maude Avenue,
as condemned and closed, Northwesterly 86.25 feet to in-
tersect the southeast side of a 15 foot alley laid out 86.25
feet southeast of 3rd Street, 70 feet wide ;
thence binding on the southeast side of said alley, North-
easterly 20 feet to intersect the southwest side of Maude
Avenue, 100 feet wide; thence binding on the southwest
side of last said Maude Avenue, Southeasterly 86.25 feet
to intersect the northwest side of said Horton Avenue and
thence binding on the northwest side of said Horton Avenue,
Southwesterly 20 feet to the place of beginning.
PARCEL NO. 7
BEGINNING for the same at the point formed by the
intersection of the southwest side of the former bed of
Maude Avenue, as condemned and closed under Ordinance
No. 952, approved July 9, 1975 by the Mayor and City
Council of Baltimore and the southeast side of Horton
Avenue, 50 feet wide, and running thence binding on the
ORDINANCES 499
southeast side of said Horton Avenue, Northeasterly 20
feet to intersect the southwest side of Maude Avenue, 100
feet wide ;
thence binding on the southwest side of last said Maude
Avenue, Southeasterly 78 feet to intersect the northwest
side of a 15 foot alley laid out 94.50 feet northwest of 4th
Street, 70 feet wide ; thence binding on the northwest side
of said alley, Southwesterly 20 feet to intersect the south-
west side of the former bed of said Maude Avenue, as
condemned and closed, and thence binding on the south-
west side of the former bed of said Maude Avenue, as
condemned and closed, Northwesterly 78 feet to the place
of beginning.
PARCEL NO. 8
BEGINNING for the same at the point formed by the
intersection of the northwest side of 4th Street, 70 feet
wide, and the southwest side of the former bed of Maude
Avenue, as condemned and closed under Ordinance No.
952, approved July 9, 1975 by the Mayor and City Council
of Baltimore and running thence binding on the southwest
side of the former bed of said Maude Avenue, as con-
demned and closed, Northwesterly 94.50 feet to intersect
the southeast side of a 15 foot alley laid out 94.50 feet
northwest of said 4th Street; thence binding on the south-
east side of said alley, Northeasterly 20 feet to intersect
the southwest side of Maude Avenue, 100 feet wide;
thence binding on the southwest side of last said Maude
Avenue, Southeasterly 94.50 feet to intersect the northwest
side of said 4th Street and thence binding on the northwest
side of said 4th Street, Southwesterly 20 feet to the place
of beginning.
PARCEL NO. 9
BEGINNING FOR THE SAME AT THE POINT
FORMED BY THE INTERSECTION OF THE SOUTH-
EAST SIDE OF WALTHER AVENUE, AS NOW LAID
OUT, AND THE NORTHWEST SIDE OF OLD
WALTHER AVENUE, AS NOW LAID OUT, AND RUN-
NING THENCE BINDING ON THE NORTHWEST SIDE
OF SAID OLD WALTHER AVENUE, SOUTHWEST-
ERLY 145 FEET, MORE OR LESS, TO THE NORTH-
500 ORDINANCES Ord. No. 730
EAST OUTLINE OF THE PROPERTY NOW OR FOR-
MERLY OWNED BY JOHN L. REED AND WIFE AND
KNOWN AS LOT 9 OF BLOCK 5779 ; THENCE BINDING
ON THE NORTHEAST OUTLINE OF SAID PROPERTY,
AND ON THE SOUTHWEST SIDE OF THE FORMER
BED OF WALTHER AVENUE, VARYING IN WIDTH,
AS CONDEMNED AND CLOSED UNDER ORDINANCE
NO. 952, APPROVED JULY 9, 1975 BY THE MAYOR
AND CITY COUNCIL OF BALTIMORE, NORTHWEST-
ERLY 34 FEET, MORE OR LESS, TO THE SOUTH-
EAST SIDE OF WALTHER AVENUE, AS NOW LAID
OUT, AND THENCE BINDING ON THE SOUTHEAST
SIDE OF WALTHER AVENUE, AS NOW LAID OUT,
NORTHEASTERLY 149 FEET, MORE OR LESS, TO
THE PLACE OF BEGINNING.
PARCEL NO. 10
BEGINNING FOR THE SAME AT THE POINT
FORMED BY THE INTERSECTION OF THE SOUTH-
WEST SIDE OF HAMILTON AVENUE, AS NOW LAID
OUT, AND THE NORTHWEST SIDE OF WALTHER
AVENUE, AS NOW LAID OUT, AND RUNNING
THENCE BINDING ON THE NORTHWEST SIDE OF
SAID WALTHER AVENUE, SOUTHWESTERLY 230
FEET, MORE OR LESS, TO INTERSECT THE NORTH-
EAST SIDE OF A 10 FOOT ALLEY; THENCE BINDING
ON THE NORTHEAST SIDE OF SAID ALLEY, NORTH-
WESTERLY 17 FEET, MORE OR LESS, TO INTER-
SECT THE NORTHWEST SIDE OF THE FORMER BED
OF WALTHER AVENUE, VARYING IN WIDTH, AS
CONDEMNED AND CLOSED UNDER ORDINANCE
NO. 952, APPROVED JULY 9. 1975 BY THE MAYOR
AND CITY COUNCIL OF BALTIMORE; THENCE
BINDING ON THE NORTHWEST SIDE OF LAST SAID
WALTHER AVENUE, AS CONDEMNED AND CLOSED,
NORTHEASTERLY 197 FEET, MORE OR LESS, TO
INTERSECT THE SOUTHWEST SIDE OF SAID
HAMILTON AVENUE AND THENCE BINDING ON
THE SOUTHWEST SIDE OF SAID HAMILTON AVE-
NUE, SOUTHEASTERLY 65 FEET, MORE OR LESS,
TO THE PLACE OF BEGINNING.
ORDINANCES 501
PARCEL NO. 11
BEGINNING FOR THE SAME AT THE POINT
FORMED BY THE INTERSECTION OF THE NORTH
SIDE OF WALTHER AVENUE, AS NOW LAID OUT,
AND THE SOUTHEAST SIDE OF WINTHROPE AVE-
NUE, VARYING IN WIDTH, AND RUNNING THENCE
BINDING ON THE SOUTHEAST SIDE OF SAID WIN-
THROPE AVENUE, NORTHEASTERLY 84 FEET,
MORE OR LESS, TO INTERSECT THE SOUTHWEST
SIDE OF A 10 FOOT ALLEY, THERE SITUATE;
THENCE BINDING ON THE SOUTHWEST SIDE OF
SAID ALLEY, SOUTHEASTERLY 74 FEET, MORE OR
LESS, TO INTERSECT THE NORTH SIDE OF SAID
WALTHER AVENUE AND THENCE BINDING ON
THE NORTH SIDE OF SAID WALTHER AVENUE,
WESTERLY BY A LINE CURVING TO THE LEFT
WITH A RADIUS OF 960 FEET, MORE OR LESS, THE
DISTANCE OF 112 FEET, MORE OR LESS, TO THE
PLACE OF BEGINNING.
THE ABOVE DESCRIBED PARCEL OF LAND COM-
PRISING A PORTION OF THE FORMER BED OF
WALTHER AVENUE, VARYING IN WIDTH, AS CON-
DEMNED AND CLOSED UNDER ORDINANCE NO.
952, APPROVED JULY 9, 1975 BY THE MAYOR AND
CITY COUNCIL OF BALTIMORE.
PARCEL NO. 12
BEGINNING FOR THE SAME AT THE POINT
FORMED BY THE INTERSECTION OF THE SOUTH-
WEST SIDE OF KEENE AVENUE, VARYING IN
WIDTH, AND THE NORTH SIDE OF WALTHER AVE-
NUE, AS NOW LAID OUT, AND RUNNING THENCE
BINDING ON THE NORTH SIDE OF SAID WALTHER
AVENUE, WESTERLY 60 FEET, MORE OR LESS, TO
THE SOUTHEAST OUTLINE OF THE PROPERTY
NOW OR FORMERLY OWNED BY WILLIAM H.
HUETTNER, JR. AND WIFE AND KNOWN AS LOT 8
OF BLOCK 5761 ; THENCE BINDING ON THE SOUTH-
EAST OUTLINE OF SAID PROPERTY, AND ON THE
NORTHWEST SIDE OF THE FORMER BED OF
WALTHER AVENUE, VARYING IN WIDTH, AS CON-
502 ORDINANCES Ord. No. 731
DEMNED AND CLOSED UNDER ORDINANCE NO.
952, APPROVED JULY 9, 1975 BY THE MAYOR AND
CITY COUNCIL OF BALTIMORE, NORTHEASTERLY
32 FEET, MORE OR LESS, TO THE SOUTHWEST SIDE
OF SAID KEENE AVENUE AND THENCE BINDING
ON THE SOUTHWEST SIDE OF SAID KEENE AVE-
NUE, SOUTHEASTERLY 51 FEET, MORE OR LESS, TO
THE PLACE OF BEGINNING.
Said properties being no longer needed for public use.
Sec. 2. Be it further ordained, That no deed or deeds
shall pass in accordance herewith until the same shall have
been first approved by the City Solicitor.
Sec. 3. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved June 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 731
(Council No. 1453)
An Ordinance authorizing the Mayor and City Council of
Baltimore to sell at either public or private sale in ac-
cordance with Article V, Section 5(b) of the City
Charter, all of the interest of the Mayor and City Coun-
cil of Baltimore in and to that parcel of land and im-
provements known as No. 1431 N. Carey Street, Balti-
more, Maryland, said property being no longer needed
for public use.
SECTION 1. Be it ordained by the Mayor and City Council
of Baltimore, That the Comptroller of Baltimore City be
and he is hereby authorized to sell at either public or pri-
vate sale in accordance with Article V, Section 5(b) of
the City Charter, all of the interest of the Mayor and City
ORDINANCES 503
Council of Baltimore in and to that parcel of land situate
in Baltimore, Maryland, and described as follows :
BEGINNING for the same at the point formed by the
intersection of the southeast side of School Street, as now
laid out 30 feet wide, and the northeast side of Carey
Street, as now laid out 60 feet wide, said point of beginning
being the beginning of the parcel of land leased from
Henry Otto and Wife to the Mayor and City Council of
Baltimore by lease dated September 24, 1895 and recorded
among the Land Records of Baltimore City in Liber J.B.
No. 1580 Folio 417 and running thence binding on the
southeast side of said School Street, North 53°-25'-00"
East 137.78 feet to intersect the southwest side of the
former bed of Stockton Street, 20 feet wide, as condemned
and closed under Ordinance No. 9 approved June 24, 1955 ;
thence binding on the northwesternmost extremity of the
former bed of said Stockton Street, North 57°-44'-20"
East 20.26 feet; thence binding on the southeast side of
School Street, as now laid out, North 47°-15'-00" East
49.81 feet to the beginning of the parcel of land conveyed
by Morris Lipsitz and Wife to the Mayor and City Council
of Baltimore by deed dated August 25, 1953 and recorded
among said Land Records in Liber M.L.P. No. 9262, Folio
558;
thence binding reversely on the last line of last said deed,
and now surveyed, South 23°-05'-30" East 21.29 feet; thence
binding reversely on part of the third line of last said deed,
as now surveyed, South 63°-29'-30" West 3.00 feet to the
beginning of the third line of the parcel of land conveyed
by Nathan Castleman and Eli Castleman to the Mayor and
City Council of Baltimore by deed dated November 26,
1952 and recorded among said Land Records in Liber
M.L.P. No. 9005, Folio 157 ; thence binding in part on the
third line of the six parcels of land conveyed to the Mayor
and City Council of Baltimore by the six deeds recorded
among said Land Records and referred to as follows, said
deed from Nathan Castleman and Eli Castleman dated No-
vember 26, 1952 and recorded in Liber M.L.P. No. 9005
Folio 157, a deed from Morton Silberman, et al, dated
January 14, 1953 and recorded in Liber M.L.P. No. 9048
Folio 481, a deed from Sarah Thomas dated December 22,
1952 and recorded in Liber M.L.P. No. 9031 Folio 409, a
504 ORDINANCES Ord. No. 731
deed from Cora B. Engler, et al, dated December 11, 1952
and recorded in Liber M.L.P. No. 9019 Folio 491, a deed
from Leanna Thompson, et al, dated November 29, 1952
and recorded in Liber M.L.P. No. 9007 Folio 10, and a deed
from Minnie S. Kalis, et al, dated July 6, 1953 and re-
corded in Liber M.L.P. No. 9223 Folio 78, in part on the
northeasternmost extremity of the former bed of a 10 foot
alley, as condemned and closed under said ordinance and
in all, as now surveyed, South 23°-05'-30" East 113.02 feet;
Thence binding on the southeast side of the former bed of
said 10 foot alley, South 63°-29'-30" West 44.00 feet to
the beginning of the third line of the parcel of land con-
veyed by James Sewell McCoy and Wife to the Mayor and
City Council of Baltimore by deed dated October 10, 1895
and recorded among said Land Records in Liber J.B. No.
1583 Folio 201 ; thence binding on the third line of last
said deed, as now surveyed, South 23°-05'-30" East 32.00
feet; thence binding in part on the last line of last said
deed, in part on the second line of the parcel of land con-
veyed by Cornelia S. McCoy to the Mayor and City Council
of Baltimore by deed dated October 10, 1895 and recorded
among said Land Records in Liber J.B. No. 1583 Folio 203,
in part on the third line of the parcel of land leased from
Margaret C. Carmichael and Husband, et al, to the Mayor
and City Council of Baltimore by lease dated September
25, 1895 and recorded among said Land Records in Liber
J.B. No. 1580 Folio 412, in part on the third line of the
lease mentioned firstly herein and in all, as now surveyed,
South 64°-25'-00" West 109.17 feet to the aforesaid north-
east side of Carey Street and thence binding on the northeast
side of said Carey Street and on the last line of the lease
mentioned firstly herein, there situate, as now surveyed,
North 43°-20'-40" West 129.75 feet to the place of begin-
ning. Containing 24,215.41 square feet or 0.5559 acre of
land, more or less. Subject to a utility easement in the
former bed of Stockton Street, as condemned and closed
under Ordinance No. 9 approved June 24, 1955. All courses
and distances in the above description are referred to the
true meridian as adopted by the Baltimore Survey Con-
trol System. The improvements thereon being known as
No. 1431 N. Carey Street.
Said property being no longer needed for public use.
ORDINANCES 505
Sec. 2. Be it further ordained, That no deed or deeds
shall pass in accordance herewith until the same shall have
been first approved by the City Solicitor.
Sec. 3. And be it further ordained. That this ordinance
shall take effect from the date of its passage.
Approved June 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 732
(Council No. 1514)
An Ordinance to repeal and reordain, with amendments,
Section 6 of Ordinance 675, approved March 3, 1978,
entitled "An Ordinance Granting Permission and Au-
thority to Exxon Corporation, a body corporate, to con-
struct, maintain, and use a pipe trestle above and across
Cardiff Avenue between South Clinton Street and High-
land Avenue", to correct an omission in the language.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That Section 6 of Ordinance 675, approved
March 3, 1978, entitled "An Ordinance Granting Permission
and Authority to Exxon Corporation, a Body Corporate,
to Construct, Maintain and Use a Pipe Trestle Above and
Across Cardiff Avenue Between South Clinton Street and
Highland Avenue", be repealed and reordained with amend-
ments to read as follows:
"Sec. 6. And be it further ordained, That the said grantee,
its successors and assigns, shall pay to the said Mayor and
City Council of Baltimore, as compensation for the franchise
or privilege hereby granted, the sum of One Hundred Sev-
enteen Dollars ($117.00) per year, payable in advance dur-
ing the continuance of this franchise or privilege, provided,
however, that the Mayor and City Council of Baltimore,
acting by and through the Board of Estimates, may in-
crease or decrease the franchise charge payable by the
506 ORDINANCES Ord. No. 733
grantee under the provisions hereof by giving written
notice to that effect to the grantee at least one hundred
and fifty (150) days prior to the expiration of the first
five years of the term granted herein, or at the expiration
of any subsequent five- (5-) year period of said term granted
herein, any such increase or decrease of said franchise
charge to be effective as of the beginning of the next suc-
ceeding five- (5-) year period of the term granted herein."
Sec. 2. And be it further ordained, That this ordinance
shall take effect on the date of its passage.
Approved June 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 733
(Council No. 1554)
An Ordinance authorizing the Mayor and City Council of
Baltimore to sell at either public or private sale in ac-
cordance with Article V, Section 5(b) of the City Charter,
all of the interest of the Mayor and City Council of
Baltimore in and to that parcel of land and improvements
known as No. 2229 Walbrook Avenue, Baltimore, Mary-
land, said property being no longer needed for public use.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the Comptroller of Baltimore City be
and he is hereby authorized to sell at either public or
private sale in accordance with Article V, Section 5(b)
of the City Charter, all of the interest of the Mayor and
City Council of Baltimore in and to that parcel of land
situate in Baltimore, Maryland, and described as follows:
Beginning for the same on the south side of Walbrook
Avenue at a point distant 105 feet easterly from the east
side of Bentalou Street which place of beginning is intended
to be at the center of a partition wall there situate and
running thence easterly binding on the south side of Wal-
ORDINANCES 507
brook Avenue 14 feet 6 inches to the land belonging to
the Mayor and City Council of Baltimore City thence
southerly binding on said land 80 feet thence westerly by
a straight line parallel with Walbrook Avenue 14 feet 6
inches to a point at the intersection of the south side of a
10 foot alley and the east end of said alley the said alley
running westerly parallel to Walbrook Avenue 26 feet 6
inches to an alley 8 feet 6 inches wide thence with the
east end of said alley 10 feet in a northerly direction with
the use of said 10 foot alley in common with others and
thence continuing the same course 70 feet to the place of
beginning. The improvements thereon being known as No.
2229 Walbrook Avenue (Ward 15, Section 18, Block 3204,
Lot 34).
Said property being no longer needed for public use.
Reserving, however, unto the Grantor the right to use
the alleys mentioned in the above description for the use
and benefit of the property known as 2201-2227 Walbrook
Avenue.
Sec. 2. And be it further ordained, That no deed or deeds
shall pass in accordance herewith until the same shall have
been first approved by the City Solicitor.
Sec. 3. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved June 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 734
(Council No. 1560)
An Ordinance authorizing an increase in the number of
Trustees of the Walters Art Gallery.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That, pursuant to the provisions of Chapter
508 ORDINANCES Ord. No. 735
457 of the Acts of the General Assembly of Maryland of
1959, the Trustees of the Walters Art Gallery are hereby
authorized to increase the number of elected trustees from
twolvo EIGHTEEN to not exceeding twenty-four, provided
that the regular term of each additional trustee shall be six
years, and the first term of the additional trustees shall
vary in length, so that no more than four terms of the
trustees shall terminate in any year.
Sec. 2. And be it further ordained, That this ordinance
shall take effect on the date of its passage.
Approved June 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 735
(Council No. 1609)
An Ordinance providing for a supplementary special fund
appropriation in the amount of Five Thousand Two Hun-
dred Twenty Dollars ($5,220) to the Mayor's Advisory
Committee on Art and Culture to be used for developing
long-range plans and funding proposals for the Cloisters
Children's Museum, in accordance with the provisions of
Article VI, Section 2(h)(2) of the Baltimore City Char-
ter (1964 Revision).
Whereas, the money appropriated herein represents a
grant from a private source which could not be expected
with reasonable certainty at the time of the formulation
of the 1977-1978 Ordinance of Estimates; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
19th day of April, 1978, all in accordance with Article VI,
Section 2(h)(2) of the 1964 revised Charter of Baltimore
City.
ORDINANCES 509
Section 1. Be it ordained by the Mayor and City Coun-
cil of Baltimore, That under the provisions of Article VI,
Section 2(h)(2) of the 1964 revision of the Charter of
Baltimore City, the sum of Five Thousand Two Hundred
Twenty Dollars ($5,220) shall be made available to the
Mayor's Advisory Committee on Art and Culture of the
City of Baltimore as a supplementary special fund appro-
priation for the fiscal year ending June 30, 1978 for the
purpose of developing long-range plans and funding pro-
posals for the Cloisters Children's Museum. The amount
thus made available as a supplementary special fund ap-
propriation shall be expended from a grant of funds to
the Mayor and City Council of Baltimore by the Morris
Goldseker Foundation of Maryland, Inc., said sum being
specifically allotted to the Mayor and City Council of Bal-
timore for the aforesaid purpose; and said funds from said
Morris Goldseker Foundation of Maryland, Inc. shall be the
source of revenue for this supplementary special fund ap-
propriation, as required by Article VI, Section 2(h) of the
1964 revised Charter of Baltimore City.
Sec. 2. And be it further ordained, That this Ordinance
shall take effect from the date of its passage.
Approved June 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 736
(Council No. 1650)
An Ordinance providing for a supplementary special fund
appropriation in the amount of Thirty-Six Thousand Two
Hundred Dollars ($36,200) to the Fire Department to
be used for the purchase of replacement ambulances, in
accordance with the provisions of Article VI, Section
2(h) (2) of the Baltimore City Charter (1964 revision).
Whereas, the money appropriated herein represents a
grant from a public source which could not be expected with
510 ORDINANCES Ord. No. 737
reasonable certainty at the time of the formulation of the
1977-1978 Ordinance of Estimates; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
3rd day of May, 1978, all in accordance with Article VI,
Section 2(h) (2) of the 1964 revised Charter of Baltimore
City.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI, Sec-
tion 2(h) (2) of the 1964 revision of the Charter of Balti-
more City, the sum of Thirty-six Thousand Two Hundred
Dollars ($36,200) shall be made available to the Fire De-
partment of the City of Baltimore as a supplementary spe-
cial fund appropriation for the fiscal year ending June 30,
1978 for the purpose of the purchase of replacement ambu-
lances. The amount thus made available as a supplementary
special fund appropriation shall be expended from a grant
of funds to the Mayor and City Council of Baltimore by the
State of Maryland, Department of Transportation, said sum
being specifically allotted to the Mayor and City Council of
Baltimore for the aforesaid purpose; and said funds from
said State of Maryland, Department of Transportation,
shall be the source of revenue for this supplementary spe-
cial fund appropriation, as required by Article VI, Section
2(h) of the 1964 revised Charter of Baltimore City.
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved June 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 737
(Council No. 1703)
An Ordinance providing for a supplementary special fund
appropriation in the amount of Two Thousand Six Hun-
ORDINANCES 511
dred Seventy Dollars ($2,670) to the Civic Center Com-
mission to be used for paying for Negotiated Salary and
Wage Increases and Longevity Increments, in accordance
with the provisions of Article VI, Section 2(h) (2) of the
Baltimore City Charter (1964 Revision).
Whereas, the money appropriated herein represents a
grant from a governmental source which could not be
expected with reasonable certainty at the time of the
formulation of the fiscal 1978 Ordinance of Estimates; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
24th day of May, 1978, all in accordance with Article VI,
Section 2(h) (2) of the 1964 revised Charter of Baltimore
City.
SECTION 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI, Sec-
tion 2(h) (2) of the 1964 revision of the Charter of Balti-
more City, the sum of Two Thousand Six Hundred Seventy
Dollars ($2,670) shall be made available to the Civic Center
Commission of the City of Baltimore as a supplementary
special fund appropriation for the fiscal year ending June
30, 1978 for the purpose of paying for Negotiated Salary
and Wage Increases and Longevity Increments. The amount
thus made available as a supplementary special fund appro-
priation shall be expended from a grant of funds to the
Mayor and City Council of Baltimore by the Federal Gov-
ernment under the Intergovernmental Antirecession As-
sistance Act of 1977, said sum being allotted to the Mayor
and City Council of Baltimore for the aforesaid purpose;
and said funds from said Federal Government shall be the
source of revenue for this supplementary special fund ap-
propriation, as required by Article VI, Section 2(h) of the
1964 revised Charter of Baltimore City.
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved June 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
512 ORDINANCES Ord. No. 738
No. 738
(Council No. 1704)
An Ordinance providing for a supplementary special fund
appropriation in the amount of Two Thousand Three
Hundred Thirty Dollars ($2,330) to the Civil Service
Commission to be used for paying for Negotiated Salary
and Wage Increases and Longevity increments, in ac-
cordance with the provisions of Article VI, Section
2(h)(2) of the Baltimore City Charter (1964 Revision).
Whereas, the money appropriated herein represents a
grant from a governmental source which could not be ex-
pected with reasonable certainty at the time of the formu-
lation of the fiscal 1978 Ordinance of Estimates; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
24th day of May, 1978, all in accordance with Article VI,
Section 2(h) (2) of the 1964 revised Charter of Baltimore
City.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2(h)(2) of the 1964 revision of the Charter of
Baltimore City, the sum of Two Thousand Three Hundred
Thirty Dollars ($2,330) shall be made available to the Civil
Service Commission of the City of Baltimore as a supple-
mentary special fund appropriation for the fiscal year end-
ing June 30, 1978 for the purpose of paying for Negotiated
Salary and Wage Increases and Longevity Increments. The
amount thus made available as a supplementary special
fund appropriation shall be expended from a grant of funds
to the Mayor and City Council of Baltimore by the Federal
Government under the Intergovernmental Antirecession
Assistance Act of 1977, said sum being allotted to the
Mayor and City Council of Baltimore for the aforesaid pur-
pose; and said funds from said Federal Government shall
be the source of revenue for this supplementary special
fund appropriation, as required by Article VI, Section 2(h)
of the 1964 revised Charter of Baltimore City.
ORDINANCES 513
Sec. 2. And be it further ordained. That this ordinance
shall take effect from the date of its passage.
Approved June 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 739
(Council No. 1705)
An Ordinance providing for a supplementary special fund
appropriation in the amount of Twenty-eight Thousand
Five Hundred Ten Dollars ($28,510) to the Community
College of Baltimore to be used for paying for Negotiated
Salary and Wage Increases and Longevity Increments,
in accordance with provisions of Article VI, Section
2(h)(2) of the Baltimore City Charter (1964 Revision).
Whereas, the money appropriated herein represents a
grant from a governmental source which could not be ex-
pected with reasonable certainty at the time of the formu-
lation of the fiscal 1978 Ordinance of Estimates ; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
24th day of May, 1978, all in accordance with Article VI,
Section 2(h) (2) of the 1964 revised Charter of Baltimore
City.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2(h)(2) of the 1964 revision of the Charter of
Baltimore City, the sum of Twenty-eight Thousand Five
Hundred Ten Dollars ($28,510) shall be made available to
the Community College of Baltimore of the City of Balti-
more as a supplementary special fund appropriation for the
fiscal year ending June 30, 1978 for the purpose of paying
for Negotiated Salary and Wage Increases and Longevity
Increments. The amount thus made available as a supple-
514 ORDINANCES Ord. No. 740
mentary special fund appropriation shall be expended from
a grant of funds to the Mayor and City Council of Balti-
more by the Federal Government under the Intergovern-
mental Antirecession Assistance Act of 1977, said sum being
allotted to the Mayor and City Council of Baltimore for the
aforesaid purpose; and said funds from said Federal Gov-
ernment shall be the source of revenue for this supple-
mentary special fund appropriation, as required by Article
VI, Section 2(h) of the 1964 revised Charter of Baltimore
City.
Provided that said sum of Twenty-eight Thousand Five
Hundred Ten Dollars ($28,510) shall be appropriated as
follows :
Program 430, Administration of College - $ 5,660
Program 431, Instruction - $14,900
Program 432, Operational Plant Maintenance $ 1,900
Program 433, Student Services $ 6,050
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved June 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 740
(Council No. 1706)
An Ordinance providing for a supplementary special fund
appropriation in the amount of Four Thousand One Hun-
dred Eighty Dollars ($4,180) to the Department of
Comptroller to be used for paying for Negotiated Salary
and Wage Increases and Longevity Increments, in ac-
cordance with the provisions of Article VI, Section
2(h)(2) of the Baltimore City Charter (1964 Revision).
Whereas, the money appropriated herein represents a
grant from a governmental source which could not be ex-
pected with reasonable certainty at the time of the formu-
lation of the fiscal 1978 Ordinance of Estimates; and
ORDINANCES 515
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
24th day of May, 1978, all in accordance with Article VI,
Section 2(h)(2) of the 1964 revised Charter of Baltimore
City.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2(h)(2) of the 1964 revision of the Charter of
Baltimore City, the sum of Four Thousand One Hundred
Eighty Dollars ($4,180) shall be made available to the
Department of Comptroller of the City of Baltimore as a
supplementary special fund appropriation for the fiscal year
ending June 30, 1978 for the purpose of paying for Nego-
tiated Salary and Wage Increases and Longevity Incre-
ments. The amount thus made available as a supplementary
special fund appropriation shall be expended from a grant
of funds to the Mayor and City Council of Baltimore by
the Federal Government under the Intergovernmental Anti-
recession Assistance Act of 1977, said sum being allotted to
the Mayor and City Council of Baltimore for the aforesaid
purpose; and said funds from said Federal Government
shall be the source of revenue for this supplementary spe-
cial fund appropriation, as required by Article VI, Section
2(h) of the 1964 revised Charter of Baltimore City.
Provided that said sum of Four Thousand One Hundred
Eighty Dollars ($4,180) shall be appropriated as follows:
Program 130, Executive Direction and Control $ 520
Program 131, Audits _..._ $2,600
Program 132, Real Estate Acquisition and
Management _ $ 900
Program 135, Insurance on City Facilities _ $ 160
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved June 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
516 ORDINANCES Ord. No. 741
No. 741
(Council No. 1707)
An Ordinance providing for a supplementary special fund
appropriation in the amount of One Thousand Five Hun-
dred Ten Dollars ($1,510) to the City Council to be used
for paying for Negotiated Salary and Wage Increases
and Longevity Increments, in accordance with the pro-
visions of Article VI, Section 2(h) (2) of the Baltimore
City Charter (1964 Revision).
Whereas, the money appropriated herein represents a
grant from a governmental source which could not be
expected with reasonable certainty at the time of the
formulation of the fiscal 1978 Ordinance of Estimates; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
24th day of May, 1978, all in accordance with Article VI,
Section 2(h) (2) of the 1964 revised Charter of Baltimore
City.
SECTION 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI, Sec-
tion 2(h) (2) of the 1964 revision of the Charter of Balti-
more City, the sum of One Thousand Five Hundred Ten
Dollars (§1,510) shall be made available to the City Council
of the City of Baltimore as a supplementary special fund
appropriation for the fiscal year ending June 30, 1978 for
the purpose of paying for Negotiated Salary and Wage
Increases and Longevity Increments. The amount thus
made available as a supplementary special fund appropria-
tion shall be expended from a grant of funds to the Mayor
and City Council of Baltimore by the Federal Government
under the Intergovernmental Antirecession Assistance Act
of 1977, said sum being allotted to the Mayor and City
Council of Baltimore for the aforesaid purpose; and said
funds from said Federal Government shall be the source
of revenue for this supplementary special fund appropria-
tion, as required by Article VI, Section 2(h) of the 1964
revised Charter of Baltimore City.
ORDINANCES 517
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved June 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 742
(Council No. 1708)
An Ordinance providing for a supplementary special fund
appropriation in the amount of Three Hundred Sixty-
Dollars ($360) to the City Council Office of Financial
Review to be used for paying for Negotiated Salary and
Wage Increases and Longevity Increments, in accordance
with the provisions of Article VI, Section 2(h) (2) of the
Baltimore City Charter (1964 Revision).
Whereas, the money appropriated herein represents a
grant from a governmental source which could not be
expected with reasonable certainty at the time of the
formulation of the fiscal 1978 Ordinance of Estimates; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
24th day of May, 1978, all in accordance with Article VI,
Section 2(h) (2) of the 1964 revised Charter of Baltimore
City.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI, Sec-
tion 2(h) (2) of the 1964 revision of the Charter of Balti-
more City, the sum of Three Hundred Sixty Dollars ($360)
shall be made available to the City Council Office of Finan-
cial Review of the City of Baltimore as a supplementary
special fund appropriation for the fiscal year ending June
30, 1978 for the purpose of paying for Negotiated Salary
and Wage Increases and Longevity Increments. The
amount thus made available as a supplementary special fund
518 ORDINANCES Ord. No. 743
appropriation shall be expended from a grant of funds to
the Mayor and City Council of Baltimore by the Federal
Government under the Intergovernmental Antirecession As-
sistance Act of 1977, said sum being allotted to the Mayor
and City Council of Baltimore for the aforesaid purpose;
and said funds from said Federal Government shall be the
source of revenue for this supplementary special fund ap-
propriation, as required by Article VI, Section 2(h) of the
1964 revised Charter of Baltimore City.
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved June 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 743
(Council No. 1709)
An Ordinance providing for a supplementary special fund
appropriation in the amount of Seventeen Thousand Six
Hundred Sixty Dollars ($17,660) to the Supreme Bench
of Baltimore City to be used for paying for Negotiated
Salary and Wage Increases and Longevity Increments,
in accordance with the provisions of Article VI, Section
2(h)(2) of the Baltimore City Charter (1964 Revision).
Whereas, the money appropriated herein represents a
grant from a governmental source which could not be ex-
pected with reasonable certainty at the time of the formu-
lation of the fiscal 1978 Ordinance of Estimates; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
24th day of May, 1978, all in accordance with Article VI,
Section 2(h) (2) of the 1964 revised Charter of Baltimore
City.
ORDINANCES 519
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2(h)(2) of the 1964 revision of the Charter of
Baltimore City, the sum of Seventeen Thousand Six Hun-
dred Sixty Dollars ($17,660) shall be made available to the
Supreme Bench of the City of Baltimore as a supplementary
special fund appropriation for the fiscal year ending June
30, 1978 for the purpose of paying for Negotiated Salary
and Wage Increases and Longevity Increments. The amount
thus made available as a supplementary special fund ap-
propriation shall be expended from a grant of funds to
the Mayor and City Council of Baltimore by the Federal
Government under the Intergovernmental Antirecession
Assistance Act of 1977, said sum being allotted to the
Mayor and City Council of Baltimore for the aforesaid pur-
pose; and said funds from said Federal Government shall
be the source of revenue for this supplementary special
fund appropriation, as required by Article VI, Section 2(h)
of the 1964 revised Charter of Baltimore City.
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved June 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 744
(Council No. 1710)
An Ordinance providing for a supplementary special fund
appropriation in the amount of Sixty Dollars ($60) to
the Orphans' Court of Baltimore City to be used for
paying for Negotiated Salary and Wage Increases and
Longevity Increments, in accordance with the provisions
of Article VI, Section 2(h)(2) of the Baltimore City
Charter (1964 Revision).
Whereas, the money appropriated herein represents a
grant from a governmental source which could not be ex-
520 ORDINANCES Ord. No. 745
pected with reasonable certainty at the time of the formu-
lation of the fiscal 1978 Ordinance of Estimates; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting- of said Board held on the
24th day of May, 1978, all in accordance with Article VI,
Section 2(h)(2) of the 1964 revised Charter of Baltimore
City.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2(h)(2) of the 1964 revision of the Charter of
Baltimore City, the sum of Sixty Dollars ($60) shall be
made available to the Orphans' Court of the City of Balti-
more as a supplementary special fund appropriation for the
fiscal year ending June 30, 1978 for the purpose of paying
for Negotiated Salary and Wage Increases and Longevity
Increments. The amount thus made available as a supple-
mentary special fund appropriation shall be expended from
a grant of funds to the Mayor and City Council of Balti-
more by the Federal Government under the Intergovern-
mental Antirecession Assistance Act of 1977, said sum
being allotted to the Mayor and City Council of Baltimore
for the aforesaid purpose; and said funds from said Fed-
eral Government shall be the source of revenue for this
supplementary special fund appropriation, as required by
Article VI, Section 2(h) of the 1964 revised Charter of
Baltimore City.
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved June 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 745
(Council No. 1711)
An Ordinance providing for a supplementary special fund
appropriation in the amount of Six Hundred Sixty-one
ORDINANCES 521
Thousand Two Hundred Thirty-three Dollars ($661,-
233) to the Department of Education to be used for
paying for Negotiated Salary and Wage Increases and
Longevity Increments, in accordance with the provisions
of Article VI, Section 2(h)(2) of the Baltimore City
Charter (1964 Revision).
Whereas, the money appropriated herein represents a
grant from a governmental source which could not be
expected with reasonable certainty at the time of the
formulation of the fiscal 1978 Ordinance of Estimates; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
24th day of May, 1978, all in accordance with Article VI,
Section 2(h) (2) of the 1964 revised Charter of Baltimore
City.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI, Sec-
tion 2(h) (2) of the 1964 revision of the Charter of Bal-
timore City, the sum of Six Hundred Sixty-one Thousand
Two Hundred Thirty-three Dollars ($661,233) shall be
made available to the Department of Education of the City
of Baltimore as a supplementary special fund appropriation
for the fiscal year ending June 30, 1978 for the purpose of
paying for Negotiated Salary and Wage Increases and
Longevity Increments. The amount thus made available as
a supplementary special fund appropriation shall be ex-
pended from a grant of funds to the Mayor and City Coun-
cil of Baltimore by the Federal Government under the Inter-
governmental Antirecession Assistance Act of 1977, said
sum being allotted to the Mayor and City Council of Bal-
timore for the aforesaid purpose ; and said funds from said
Federal Government shall be the source of revenue for this
supplementary special fund appropriation, as required by
Article VI, Section 2(h) of the 1964 revised Charter of
Baltimore City.
Provided that said sum of Six Hundred Sixty-one Thou-
sand Two Hundred Thirty-three Dollars ($661,233) shall be
appropriated as follows:
522 ORDINANCES Ord. No. 746
Program 400, Administrative Direction and
Control $ 10,000
Program 401, Instructional Services $513,433
Program 402, Pupil Personnel Services $ 32,400
Program 404, Plant Operation Services $(83,000)
Program 405, Plant Maintenance Services $ 18,900
Program 411, Educational Services for
Exceptional Children $169,500
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved June 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 746
(Council No. 1712)
An Ordinance providing for a supplementary special fund
appropriation in the amount of Ninety Dollars ($90) to
the Board of Supervisors of Elections to be used for
paying for Negotiated Salary and Wage Increases and
Longevity Increments, in accordance with the provisions
of Article VI, Section 2(h)(2) of the Baltimore City
Charter (1964 Revision).
Whereas, the money appropriated herein represents a
grant from a governmental source which could not be ex-
pected with reasonable certainty at the time of the formu-
lation of the fiscal 1978 Ordinance of Estimates; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
24th day of May, 1978, all in accordance with Article VI,
Section 2(h)(2) of the 1964 revised Charter of Baltimore
City.
ORDINANCES 523
Section 1. Be it or darned by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2(h)(2) of the 1964 revision of the Charter of
Baltimore City, the sum of Ninety Dollars ($90) shall be
made available to the Board of Supervisors of Elections
of the City of Baltimore as a supplementary special fund
appropriation for the fiscal year ending June 30, 1978 for
the purpose of paying for Negotiated Salary and Wage
Increases and Longevity Increments. The amount thus
made available as a supplementary special fund appropria-
tion shall be expended from a grant of funds to the Mayor
and City Council of Baltimore by the Federal Government
under the Intergovernmental Antirecession Assistance Act
of 1977, said sum being allotted to the Mayor and City
Council of Baltimore for the aforesaid purpose; and said
funds from said Federal Government shall be the source of
revenue for this supplementary special fund appropriation,
as required by Article VI, Section 2(h) of the 1964 revised
Charter of Baltimore City.
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved June 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 747
(Council No. 1713)
An Ordinance providing for a supplementary special fund
appropriation in the amount of One Thousand Three Hun-
dred Sixty Dollars ($1,360) to the Boards of Trustees of
Employees Retirement Systems to be used for paying for
Negotiated Salary and Wage Increases and Longevity
Increments, in accordance with the provisions of Article
VI, Section 2(h) (2) of the Baltimore City Charter (1964
Revision) .
524 ORDINANCES Ord. No. 747
Whereas, the money appropriated herein represents a
grant from a governmental source which could not be
expected with reasonable certainty at the time of the
formulation of the fiscal 1978 Ordinance of Estimates; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
24th day of May, 1978, all in accordance with Article VI,
Section 2(h) (2) of the 1964 revised Charter of Baltimore
City.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI, Sec-
tion 2(h) (2) of the 1964 revision of the Charter of Balti-
more City, the sum of One Thousand Three Hundred Sixty
Dollars ($1,360) shall be made available to the Boards of
Trustees of Employees Retirement Systems of the City
of Baltimore as a supplementary special fund appropriation
for the fiscal year ending June 30, 1978 for the purpose of
paying for Negotiated Salary and Wage Increases and Lon-
gevity Increments. The amount thus made available as a
supplementary special fund appropriation shall be expended
from a grant of funds to the Mayor and City Council of
Baltimore by the Federal Government under the Inter-
governmental Antirecession Assistance Act of 1977, said
sum being allotted to the Mayor and City Council of Bal-
timore for the aforesaid purpose; and said funds from
said Federal Government shall be the source of revenue for
this supplementary special fund appropriation, as required
by Article VI, Section 2(h) of the 1964 revised Charter of
Baltimore Oity.
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved June 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
ORDINANCES 526
No. 748
(Council No. 1714)
An Ordinance providing for a supplementary special fund
appropriation in the amount of Thirty-five Thousand Six
Hundred Forty Dollars ($35,640) to the Department of
Finance to be used for paying for Negotiated Salary and
Wage Increases and Longevity Increments, in accordance
with the provisions of Article VI, Section 2(h) (2) of the
Baltimore City Charter (1964 Revision).
Whereas, the money appropriated herein represents a
grant from a governmental source which could not be ex-
pected with reasonable certainty at the time of the formu-
lation of the fiscal 1978 Ordinance of Estimates ; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
24th day of May, 1978, all in accordance with Article VI,
Section 2(h)(2) of the 1964 revised Charter of Baltimore
City.
Section 1. Be it ordamed by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2(h)(2) of the 1964 revision of the Charter of
Baltimore City, the sum of Thirty-five Thousand Six Hun-
dred Forty Dollars ($35,640) shall be made available to the
Department of Finance of the City of Baltimore as a sup-
plementary special fund appropriation for the fiscal year
ending June 30, 1978 for the purpose of paying for Nego-
tiated Salary and Wage Increases and Longevity Incre-
ments. The amount thus made available as a supplementary
special fund appropriation shall be expended from a grant
of funds to the Mayor and City Council of Baltimore by
the Federal Government under the Intergovernmental Anti-
recession Assistance Act of 1977, said sum being allotted
to the Mayor and City Council of Baltimore for the afore-
said purpose; and said funds from said Federal Govern-
ment shall be the source of revenue for this supplementary
special fund appropriation, as required by Article VI,
526 ORDINANCES Ord. No. 749
Section 2(h) of the 1964 revised Charter of Baltimore
City.
Provided that said sum of Thirty-five Thousand Six
Hundred Forty Dollars ($35,640) shall be appropriated as
follows :
Program 140, Administrative Direction and
Control _ _ _ _ $1,680
Program 141, Budget and Management
Research _ $3,690
Program 142, Accounting Systems and
Operations _ $6,400
Program 143, Collections and Receipts $5,700
Program 144, Purchasing - $4,600
Program 145, Warehousing „ $7,500
Program 147, Management Information
Services ........ ...... $6,070
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved June 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 749
(Council No. 1715)
An Ordinance providing for a supplementary special fund
appropriation in the amount of Two Hundred Thousand
Dollars ($200,000) to the Fire Department to be used for
paying for Negotiated Salary and Wage Increases and
Longevity Increments, in accordance with the provisions
of Article VI, Section 2(h)(2) of the Baltimore City
Charter (1964 Revision).
Whereas, the money appropriated herein represents a
grant from a governmental source which could not be
ORDINANCES 527
expected with reasonable certainty at the time of the
formulation of the fiscal 1978 Ordinance of Estimates; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
24th day of May, 1978, all in accordance with Article VI,
Section 2(h) (2) of the 1964 revised Charter of Baltimore
City.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI, Sec-
tion 2(h) (2) of the 1964 revision of the Charter of Bal-
timore City, the sum of Two Hundred Thousand Dollars
($200,000) shall be made available to the Fire Department
of the City of Baltimore as a supplementary special fund
appropriation for the fiscal year ending June 30, 1978 for
the purpose of paying for Negotiated Salary and Wage In-
creases and Longevity Increments. The amount thus made
available as a supplementary special fund appropriation
shall be expended from a grant of funds to the Mayor and
City Council of Baltimore by the Federal Government under
the Intergovernmental Antirecession Assistance Act of
1977, said sum being allotted to the Mayor and City Council
of Baltimore for the aforesaid purpose; and said funds
from said Federal Government shall be the source of reve-
nue for this supplementary special fund appropriation, as
required by Article VI, Section 2(h) of the 1964 revised
Charter of Baltimore City.
Provided that said sum of Two Hundred Thousand Dol-
lars ($200,000) shall be appropriated as follows:
Program 210, Administrative Direction and
Control _ $ 1,200
Program 212, Fire Suppression „ „ $179,500
Program 213, Fire Prevention $ 7,000
Program 215, Fire Alarm and
Communications - $ 9,700
Program 217, Equipment Maintenance _ $ 2,600
528 ORDINANCES Ord. No. 750
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved June 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 750
(Council No. 1716)
An Ordinance providing for a supplementary special fund
appropriation in the amount of Two Hundred Dollars
($200) to the Commission for Historical and Architec-
tural Preservation to be used for paying for Negotiated
Salary and Wage Increases and Longevity Increments, in
accordance with the provisions of Article VI, Section
2(h) (2) of the Baltimore City Charter (1964 Revision).
Whereas, the money appropriated herein represents a
grant from a governmental source which could not be
expected with reasonable certainty at the time of the
formulation of the fiscal 1978 Ordinance of Estimates; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
24th day of May, 1978, all in accordance with Article VI,
Section 2(h) (2) of the 1964 revised Charter of Baltimore
City.
SECTION 1. Be it ordained by the Mayor and City Council
-of Baltimore, That under the provisions of Article VI, Sec-
tion 2(h) (2) of the 1964 revision of the Charter of Balti-
more City, the sum of Two Hundred Dollars ($200) shall be
made available to the Commission for Historical and Archi-
tectural Preservation of the City of Baltimore as a sup-
plementary special fund appropriation for the fiscal year
ending June 30, 1978 for the purpose of paying for Nego-
tiated Salary and Wage Increases and Longevity Incre-
ments. The amount thus made available as a supplementary
ORDINANCES 529
special fund appropriation shall be expended from a grant
of funds to the Mayor and City Council of Baltimore by the
Federal Government under the Intergovernmental Anti-
recession Assistance Act of 1977, said sum being allotted to
the Mayor and City Council of Baltimore for the aforesaid
purpose; and said funds from said Federal Government
shall be the source of revenue for this supplementary spe-
cial fund appropriation, as required by Article VI, Section
2(h) of the 1964 revised Charter of Baltimore City.
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved June 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 751
(Council No. 1717)
An Ordinance providing for a supplementary special fund
appropriation in the amount of Forty-nine Thousand Five
Hundred Seventy Dollars ($49,570) to the Department
of Hospitals to be used for paying for Negotiated Salary
and Wage Increases and Longevity Increments, in ac-
cordance with the provisions of Article VI, Section
2(h)(2) of the Baltimore City Charter (1964 Revision).
Whereas, the money appropriated herein represents a
grant from a governmental source which could not be ex-
pected with reasonable certainty at the time of the formu-
lation of the fiscal 1978 Ordinance of Estimates ; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
24th day of May, 1978, all in accordance with Article VI,
Section 2(h)(2) of the 1964 revised Charter of Baltimore
City.
530 ORDINANCES Ord. No. 751
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2(h)(2) of the 1964 revision of the Charter of
Baltimore City, the sum of Forty-nine Thousand Five Hun-
dred Seventy Dollars ($49,570) shall be made available to
the Department of Hospitals of the City of Baltimore as a
supplementary special fund appropriation for the fiscal year
ending June 30, 1978 for the purpose of paying for Nego-
tiated Salary and Wage Increases and Longevity Incre-
ments. The amount thus made available as a supplementary
special fund appropriation shall be expended from a grant
of funds to the Mayor and City Council of Baltimore by
the Federal Government under the Intergovernmental Anti-
recession Assistance Act of 1977, said sum being allotted
to the Mayor and City Council of Baltimore for the afore-
said purpose ; and said funds from said Federal Government
shall be the source of revenue for this supplementary spe-
cial fund appropriation, as required by Article VI, Section
2(h) of the 1964 revised Charter of Baltimore City.
Provided that said sum of Forty-nine Thousand Five
Hundred Seventy Dollars ($49,570) shall be appropriated
as follows:
Program 335, Administrative Services _ $ 2,500
Program 336, Fiscal Services - - $ 6,270
Program 337, General Services _ _ $ 4,100
Program 339, Nursing Services $13,200
Program 340, Professional Care of Patients _.. $ 8,300
Program 341, Outpatient Care - $ 1,100
Program 342, Diagnostic Services _ - $ 7,000
Program 345, Paramedical Services - $ 3,400
Program 347, Long Term Care _ $ 3,700
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved June 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
ORDINANCES 531
No. 752
(Council No. 1718)
An Ordinance providing for a supplementary special fund
appropriation in the amount of Fifty-seven Thousand
Eight Hundred Sixty Dollars ($57,860) to the Depart-
ment of Housing and Community Development to be
used for paying for Negotiated Salary and Wage In-
creases and Longevity Increments, in accordance with
the provisions of Article VI, Section 2(h)(2) of the
Baltimore City Charter (1964 Revision).
Whereas, the money appropriated herein represents a
grant from a governmental source which could not be
expected with reasonable certainty at the time of the
formulation of the fiscal 1978 Ordinance of Estimates; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, siaid recommendation having
been made at a regular meeting of said Board held on the
24th day of May, 1978, all in accordance with Article VI,
Section 2(h) (2) of the 1964 revised Charter of Baltimore
City.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI, Sec-
tion 2(h) (2) of the 1964 revision of the Charter of Balti-
more City, the sum of Fifty-seven Thousand Eight Hundred
Sixty Dollars ($57,860) shall be made available to the De-
partment of Housing and Community Development of the
City of Baltimore as a supplementary special fund appro-
priation for the fiscal year ending June 30, 1978 for the
purpose of paying for Negotiated Salary and Wage In-
creases and Longevity Increments. The amount thus made
available as a supplementary special fund appropriation
shall be expended from a grant of funds to the Mayor and
City Council of Baltimore by the Federal Government
under the Intergovernmental Antirecession Assistance Act
of 1977, said sum being allotted to the Mayor and City
Council of Baltimore for the aforesaid purpose; and said
funds from said Federal Government shall be the source of
revenue for this supplementary special fund appropriation,
532 ORDINANCES Ord. No. 753
as required by Article VI, Section 2(h) of the 1964 revised
Charter of Baltimore City.
Provided that said sum of Fifty-seven Thousand Eight
Hundred Sixty Dollars ($57,860) shall be appropriated as
follows:
Prog-ram 177, Administrative Direction and
Control _ $ 1,630
Program 260, Construction and Building
Inspection _ $19,200
Program 581, Planning m $ 3,930
Program 582, Land Development , $ 500
Program 583, Neighborhood Development $32,600
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved June 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 753
(Council No. 1719)
An Ordinance providing for a supplementary special fund
appropriation in the amount of Thirty-nine Thousand
Three Hundred Dollars ($39,300) to the Jail Board to be
used for paying for Negotiated Salary and Wage In-
creases and Longevity Increments, in accordance with the
provisions of Article VI, Section 2(h)(2) of the Balti-
more City Charter (1964 Revision).
Whereas, the money appropriated herein represents a
grant from a governmental source which could not be ex-
pected with reasonable certainty at the time of the formu-
lation of the fiscal 1978 Ordinance of Estimates; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
ORDINANCES 533
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
24th day of May, 1978, all in accordance with Article VI,
Section 2(h)(2) of the 1964 revised Charter of Baltimore
City.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2(h)(2) of the 1964 revision of the Charter of
Baltimore City, the sum of Thirty-nine Thousand Three
Hundred Dollars ($39,300) shall be made available to the
Jail Board of the City of Baltimore as a supplementary
special fund appropriation for the fiscal year ending June
30, 1978 for the purpose of paying for Negotiated Salary
and Wage Increases and Longevity Increments. The amount
thus made available as a supplementary special fund ap-
propriation shall be expended from a grant of funds to
the Mayor and City Council of Baltimore by the Federal
Government under the Intergovernmental Antirecession
Assistance Act of 1977, said sum being allotted to the
Mayor and City Council of Baltimore for the aforesaid pur-
pose; and said funds from said Federal Government shall
be the source of revenue for this supplementary special
fund appropriation, as required by Article VI, Section 2(h)
of the 1964 revised Charter of Baltimore City.
Sec. 2. And be it further or darned, That this ordinance
shall take effect from the date of its passage.
Approved June 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 754
(Council No. 1720)
An Ordinance providing for a supplementary special fund
appropriation in the amount of Eight Hundred Ninety
Dollars ($890) to the Office of the Labor Commissioner
to be used for paying for Negotiated Salary and Wage
534 ORDINANCES Ord. No. 754
Increases and Longevity Increments, in accordance with
the provisions of Article VI, Section 2(h) (2) of the Bal-
timore City Charter (1964 Revision).
Whereas, the money appropriated herein represents a
grant from a governmental source which could not be
expected with reasonable certainty at the time of the
formulation of the fiscal 1978 Ordinance of Estimates; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
24th day of May, 1978, all in accordance with Article VI,
Section 2(h) (2) of the 1964 revised Charter of Baltimore
City.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI, Sec-
tion 2(h) (2) of the 1964 revision of the Charter of Balti-
more City, the sum of Eight Hundred Ninety Dollars
($890) shall be made available to the Office of the Labor
Commissioner of the City of Baltimore as a supplementary
special fund appropriation for the fiscal year ending June
30, 1978 for the purpose of paying for Negotiated Salary
and Wage Increases and Longevity Increments. The amount
thus made available as a supplementary special fund ap-
propriation shall be expended from a grant of funds to
the Mayor and City Council of Baltimore by the Federal
Government under the Intergovernmental Antirecession
Assistance Act of 1977, said sum being allotted to the Mayor
and City Council of Baltimore for the aforesaid purpose;
and said funds from said Federal Government shall be the
source of revenue for this supplementary special fund ap-
propriation, as required by Article VI, Section 2(h) of the
1964 revised Charter of Baltimore City.
SEC. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved June 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
ORDINANCES 535
No. 755
(Council No. 1721)
An Ordinance providing for a supplementary special fund
appropriation in the amount of Eight Thousand Nine
Hundred Dollars ($8,900) to the Department of Law to
be used for paying for Negotiated Salary and Wage
Increases and Longevity Increments, in accordance with
the provisions of Article VI, Section 2(h)(2) of the
Baltimore City Charter (1964 Revision).
Whereas, the money appropriated herein represents a
grant from a governmental source which could not be ex-
pected with reasonable certainty at the time of the formu-
lation of the fiscal 1978 Ordinance of Estimates ; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
24th day of May, 1978, all in accordance with Article VI,
Section 2(h)(2) of the 1964 revised Charter of Baltimore
City.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2(h)(2) of the 1964 revision of the Charter of
Baltimore City, the sum of Eight Thousand Nine Hundred
Dollars ($8,900) shall be made available to the Department
of Law of the City of Baltimore as a supplementary special
fund appropriation for the fiscal year ending June 30, 1978
for the purpose of paying for Negotiated Salary and Wage
Increases and Longevity Increments. The amount thus
made available as a supplementary special fund appropria-
tion shall be expended from a grant of funds to the Mayor
and City Council of Baltimore by the Federal Government
under the Intergovernmental Antirecession Assistance Act
of 1977, said sum being allotted to the Mayor and City
Council of Baltimore for the aforesaid purpose; and said
funds from said Federal Government shall be the source
of revenue for this supplementary special fund appropria-
tion, as required by Article VI, Section 2(h) of the 1964
revised Charter of Baltimore City.
536 ORDINANCES Ord. No. 756
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved June 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 756
(Council No. 1722)
An Ordinance providing for a supplementary special fund
appropriation in the amount of One Hundred Dollars
($100) to the Mayor's Task Force for Liaison with the
General Assembly to be used for paying for Negotiated
Salary and Wage Increases and Longevity Increments, in
accordance with the provisions of Article VI, Section
2(h) (2) of the Baltimore City Charter (1964 Revision).
Whereas, the money appropriated herein represents a
grant from a governmental source which could not be
expected with reasonable certainty at the time of the
formulation of the fiscal 1978 Ordinance of Estimates; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
24th day of May, 1978, all in accordance with Article VI,
Section 2(h) (2) of the 1964 revised Charter of Baltimore
City.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI, Sec-
tion 2(h) (2) of the 1964 revision of the Charter of Balti-
more City, the sum of One Hundred Dollars ($100) shall be
made available to the Mayor's Task Force for Liaison -with
the General Assembly of the City of Baltimore as a supple-
mentary special fund appropriation for the fiscal year
ending June 30, 1978 for the purpose of paying for Nego-
tiated Salary and Wage Increases and Longevity Incre-
ments. The amount thus made available as a supplementary
ORDINANCES 537
special fund appropriation shall be expended from a grant
of funds to the Mayor and City Council of Baltimore by the
Federal Government under the Intergovernmental Anti-
recession Assistance Act of 1977, said sum being allotted
to the Mayor and City Council of Baltimore for the afore-
said purpose; and said funds from said Federal Govern-
ment shall be the source of revenue for this supplementary
special fund appropriation, as required by Article VI, Sec-
tion 2(h) of the 1964 revised Charter of Baltimore City.
SEC. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved June 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 757
(Council No. 1723)
An Ordinance providing for a supplementary special fund
appropriation in the amount of Four Hundred Seventy
Dollars ($470) to the Mayor's Advisory Committee on
Art and Culture to be used for paying for Negotiated
Salary and Wage Increases and Longevity Increments,
in accordance with the provisions of Article VI, Section
2(h) (2) of the Baltimore City Charter (1964 Revision).
Whereas, the money appropriated herein represents a
grant from a governmental source which could not be ex-
pected with reasonable certainty at the time of the formu-
lation of the fiscal 1978 Ordinance of Estimates; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
24th day of May, 1978, all in accordance with Article VI,
Section 2(h)(2) of the 1964 revised Charter of Baltimore
City.
538 ORDINANCES Ord. No. 758
Section 1. Be it ordained by th-e Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2(h)(2) of the 1964 revision of the Charter of
Baltimore City, the sum of Four Hundred Seventy Dollars
($470) shall be made available to the Mayor's Advisory
Committee on Art and Culture of the City of Baltimore as
a supplementary special fund appropriation for the fiscal
year ending- June 30, 1978 for the purpose of paying for
Negotiated Salary and Wage Increases and Longevity In-
crements. The amount thus made available as a supple-
mentary special fund appropriation shall be expended from
a grant of funds to the Mayor and City Council of Balti-
more by the Federal Government under the Intergovern-
mental Antirecession Assistance Act of 1977, said sum
being allotted to the Mayor and City Council of Baltimore
for the aforesaid purpose; and said funds from said Fed-
eral Government shall be the source of revenue for this
supplementary special fund appropriation, as required by
Article VI, Section 2(h) of the 1964 revised Charter of
Baltimore City.
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved June 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 758
(Council No. 1724)
An Ordinance providing for a supplementary special fund
appropriation in the amount of Three Thousand Four
Hundred Dollars ($3,400) to the Baltimore Museum of
Art to be used for paying for Negotiated Salary and Wage
Increases and Longevity Increments, in accordance with
the provisions of Article VI, Section 2(h)(2) of the
Baltimore City Charter (1964 Revision).
ORDINANCES 539
Whereas, the money appropriated herein represents a
grant from a governmental source which could not be
expected with reasonable certainty at the time of the
formulation of the fiscal 1978 Ordinance of Estimates; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
24th day of May, 1978, all in accordance with Article VI,
Section 2(h) (2) of the 1964 revised Charter of Baltimore
City.
SECTION 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2(h) (2) of the 1964 revision of the Charter of Bal-
timore City, the sum of Three Thousand Four Hundred Dol-
lars ($3,400) shall be made available to the Museum of Art
of the City of Baltimore as a supplementary special fund
appropriation for the fiscal year ending June 30, 1978 for
the purpose of paying for Negotiated Salary and Wage
Increases and Longevity Increments. The amount thus
made available as a supplementary special fund appropria-
tion shall be expended from a grant of funds to the Mayor
and City Council of Baltimore by the Federal Government
under the Intergovernmental Antirecession Assistance Act
of 1977, said sum being allotted to the Mayor and City
Council of Baltimore for the aforesaid purpose; and said
funds from said Federal Government shall be the source of
revenue for this supplementary special fund appropriation,
as required by Article VI, Section 2(h) of the 1964 re-
vised Charter of Baltimore City.
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved June 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
540 ORDINANCES Ord. No. 759
No. 759
(Council No. 1725)
An Ordinance providing for a supplementary special fund
appropriation in the amount of Four Hundred Sixty
Dollars ($460) to the Mayor's Advisory Committee on
Small Business to be used for paying for Negotiated
Salary and Wage Increases and Longevity Increments,
in accordance with the provisions of Article VI, Section
2(h)(2) of the Baltimore City Charter (1964 Revision).
Whereas, the money appropriated herein represents a
grant from a governmental source which could not be ex-
pected with reasonable certainty at the time of the formu-
lation of the fiscal 1978 Ordinance of Estimates; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
24th day of May, 1978, all in accordance with Article VI,
Section 2(h)(2) of the 1964 revised Charter of Baltimore
City.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2(h)(2) of the 1964 revision of the Charter of
Baltimore City, the sum of Four Hundred Sixty Dollars
($460) shall be made available to the Mayor's Advisory
Committee on Small Business of the City of Baltimore as
a supplementary special fund appropriation for the fiscal
year ending June 30, 1978 for the purpose of paying for
Negotiated Salary and Wage Increases and Longevity In-
crements. The amount thus made available as a supple-
mentary special fund appropriation shall be expended from
a grant of funds to the Mayor and City Council of Balti-
more by the Federal Government under the Intergovern-
mental Antirecession Assistance Act of 1977, said sum
being allotted to the Mayor and City Council of Baltimore
for the aforesaid purpose; and said funds from said Fed-
eral Government shall be the source of revenue for this
supplementary special fund appropriation, as required by
ORDINANCES 541
Article VI, Section 2(h) of the 1964 revised Charter of
Baltimore City.
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved June 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 760
(Council No. 1726)
An Ordinance providing for a supplementary special fund
appropriation in the amount of Eight Hundred Thirty
Dollars ($830) to the Minimum Wage Commission to be
used for paying for Negotiated Salary and Wage In-
creases and Longevity Increments, in accordance with the
provisions of Article VI, Section 2(h) (2) of the Balti-
more City Charter (1964 Revision).
Whereas, the money appropriated herein represents a
grant from a governmental source which could not be
expected with reasonable certainty at the time of the
formulation of the fiscal 1978 Ordinance of Estimates; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
24th day of May, 1978, all in accordance with Article VI,
Section 2(h) (2) of the 1964 revised Charter of Baltimore
City.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI, Sec-
tion 2(h) (2) of the 1964 revision of the Charter of Balti-
more City, the sum of Eight Hundred Thirty Dollars ($830)
shall be made available to the Minimum Wage Commission
of the City of Baltimore as a supplementally special fund
appropriation for the fiscal year ending June 30, 1978 for
542 ORDINANCES Ord. No. 761
the purpose of paying for Negotiated Salary and Wage In-
creases and Longevity Increments. The amount thus made
available as a supplementary special fund appropriation
shall be expended from a grant of funds to the Mayor and
City Council of Baltimore by the Federal Government
under the Intergovernmental Antirecession Assistance Act
of 1977, said sum being allotted to the Mayor and City
Council of Baltimore for the aforesaid purpose; and said
funds from said Federal Government shall be the source of
revenue for this supplementary special fund appropriation,
as required by Article VI, Section 2 (h) of the 1964 revised
Charter of Baltimore City.
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved June 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 761
(Council No. 1727)
An Ordinance providing for a supplementary special fund
appropriation in the amount of Six Hundred Thirty
Dollars ($630) to the Office of Safety to be used for
paying for Negotiated Salary and Wage Increases and
Longevity Increments, in accordance with the provisions
of Article VI, Section 2(h)(2) of the Baltimore City
Charter (1964 Revision).
Whereas, the money appropriated herein represents a
grant from a governmental source which could not be ex-
pected with reasonable certainty at the time of the formu-
lation of the fiscal 1978 Ordinance of Estimates; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
24th day of May, 1978, all in accordance with Article VI,
ORDINANCES 543
Section 2(h)(2) of the 1964 revised Charter of Baltimore
City.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2(h)(2) of the 1964 revision of the Charter of
Baltimore City, the sum of Six Hundred Thirty Dollars
($630) shall be made available to the Office of Safety of
the City of Baltimore as a supplementary special fund ap-
propriation for the fiscal year ending June 30, 1978
for the purpose of paying for Negotiated Salary and Wage
Increases and Longevity Increments. The amount thus
made available as a supplementary special fund appropria-
tion shall be expended from a grant of funds to the Mayor
and City Council of Baltimore by the Federal Government
under the Intergovernmental Antirecession Assistance Act
of 1977, said sum being allotted to the Mayor and City
Council of Baltimore for the aforesaid purpose; and said
funds from said Federal Government shall be the source
of revenue for this supplementary special fund appropria-
tion, as required by Article VI, Section 2(h) of the 1964
revised Charter of Baltimore City.
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved June 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 762
(Council No. 1728)
An Ordinance providing for a supplementary special fund
appropriation in the amount of Three Hundred Dollars
($300) to the Office of Telecommunications to be used
for paying for Negotiated Salary and Wage Increases
and Longevity Increments, in accordance with the pro-
visions of Article VI, Section 2(h)(2) of the Baltimore
City Charter (1964 Revision).
544 ORDINANCES Ord. No. 762
Whereas, the money appropriated herein represents a
grant from a governmental source which could not be ex-
pected with reasonable certainty at the time of the formu-
lation of the fiscal 1978 Ordinance of Estimates ; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
24th day of May, 1978, all in accordance with Article VI,
Section 2(h)(2) of the 1964 revised Charter of Baltimore
City.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2(h)(2) of the 1964 revision of the Charter of
Baltimore City, the sum of Three Hundred Dollars ($300)
shall be made available to the Office of Telecommunications
of the City of Baltimore as a supplementary special fund
appropriation for the fiscal year ending June 30, 1978 for
the purpose of paying for Negotiated Salary and Wage
Increases and Longevity Increments. The amount thus
made available as a supplementary special fund appropria-
tion shall be expended from a grant of funds to the Mayor
and City Council of Baltimore by the Federal Government
under the Intergovernmental Antirecession Assistance Act
of 1977, said sum being allotted to the Mayor and City
Council of Baltimore for the aforesaid purpose; and said
funds from said Federal Government shall be the source
of revenue for this supplementary special fund appropria-
tion, as required by Article VI, Section 2(h) of the 1964
revised Charter of Baltimore City.
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved June 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
ORDINANCES 546
No. 763
(Council No. 1729)
An Ordinance providing for a supplementary special fund
appropriation in the amount of Four Hundred Fifty
Dollars ($450) to the Board of Trustees of the Municipal
Museum to be used for paying for Negotiated Salary
and Wage Increases and Longevity Increments, in ac-
cordance with the provisions of Article VI, Section
2(h)(2) of the Baltimore City Charter (1964 Revision).
Whereas, the money appropriated herein represents a
grant from a governmental source which could not be ex-
pected with reasonable certainty at the time of the formu-
lation of the fiscal 1978 Ordinance of Estimates; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
24th day of May, 1978, all in accordance with Article VI,
Section 2(h)(2) of the 1964 revised Charter of Baltimore
City.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2(h)(2) of the 1964 revision of the Charter of
Baltimore City, the sum of Four Hundred Fifty Dollars
($450) shall be made available to the Board of Trustees
of the Municipal Museum of the City of Baltimore as a
supplementary special fund appropriation for the fiscal
year ending June 30, 1978 for the purpose of paying for
Negotiated Salary and Wage Increases and Longevity In-
crements. The amount thus made available as a supple-
mentary special fund appropriation shall be expended from
a grant of funds to the Mayor and City Council of Balti-
more by the Federal Government under the Intergovern-
mental Antirecession Assistance Act of 1977, said sum
being allotted to the Mayor and City Council of Baltimore
for the aforesaid purpose; and said funds from said Fed-
eral Government shall be the source of revenue for this
supplementary special fund appropriation, as required by
Article VI, Section 2(h) of the 1964 revised Charter of
Baltimore City.
646 ORDINANCES Ord. No. 764
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved June 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 764
(Council No. 1730)
An Ordinance providing for a supplementary special fund
appropriation in the amount of Two Hundred Ninety
Dollars ($290) to the Off-Street Parking Commission to
be used for paying for Negotiated Salary and Wage In-
creases and Longevity Increments, in accordance with
the provisions of Article VI, Section 2(h)(2) of the
Baltimore City Charter (1964 Revision).
Whereas, the money appropriated herein represents a
grant from a governmental source which could not be ex-
pected with reasonable certainty at the time of the formu-
lation of the fiscal 1978 Ordinance of Estimates; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
24th day of May, 1978, all in accordance with Article VI,
Section 2(h)(2) of the 1964 revised Charter of Baltimore
City.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2(h)(2) of the 1964 revision of the Charter of
Baltimore City, the sum of Two Hundred Ninety Dollars
($290) shall be made available to the Off-Street Parking
Commission of the City of Baltimore as a supplementary
special fund appropriation for the fiscal year ending June
30, 1978 for the purpose of paying for Negotiated Salary
and Wage Increases and Longevity Increments. The amount
thus made available as a supplementary special fund ap-
ORDINANCES 647
propriation shall be expended from a grant of funds to
the Mayor and City Council of Baltimore by the Federal
Government under the Intergovernmental Antirecession
Assistance Act of 1977, said sum being allotted to the
Mayor and City Council of Baltimore for the aforesaid
purpose; and said funds from said Federal Government
shall be the source of revenue for this supplementary
special fund appropriation, as required by Article VI,
Section 2(h) of the 1964 revised Charter of Baltimore City.
Sec. 2. And be it further ordamed, That this ordinance
shall take effect from the date of its passage.
Approved June 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 765
(Council No. 1731)
An Ordinance providing for a supplementary special fund
appropriation in the amount of Five Thousand Seven
Hundred Thirty Dollars ($5,730) to the Department of
Planning to be used for paying for Negotiated Salary
and Wage Increases and Longevity Increments, in ac-
cordance with the provisions of Article VI, Section
2(h) (2) of the Baltimore City Charter (1964 Revision).
Whereas, the money appropriated herein represents a
grant from a governmental source which could not be ex-
pected with reasonable certainty at the time of the formu-
lation of the fiscal 1978 Ordinance of Estimates ; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
24th day of May, 1978, all in accordance with Article VI,
Section 2(h) (2) of the 1964 revised Charter of Baltimore
City.
548 ORDINANCES Ord. No. 766
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2(h)(2) of the 1964 revision of the Charter of
Baltimore City, the sum of Five Thousand Seven Hundred
Thirty Dollars ($5,730) shall be made available to the
Department of Planning of the City of Baltimore as a
supplementary special fund appropriation for the fiscal
year ending June 30, 1978 for the purpose of paying for
Negotiated Salary and Wage Increases and Longevity In-
crements. The amount thus made available as a supple-
mentary special fund appropriation shall be expended from
a grant of funds to the Mayor and City Council of Balti-
more by the Federal Government under the Intergovern-
mental Antirecession Assistance Act of 1977, said sum
being allotted to the Mayor and City Council of Baltimore
for the aforesaid purpose; and said funds from said Fed-
eral Government shall be the source of revenue for this
supplementary special fund appropriation, as required by
Article VI, Section 2(h) of the 1964 revised Charter of
Baltimore City.
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved June 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 766
(Council No. 1732)
An Ordinance providing for a supplementary special fund
appropriation in the amount of Two Hundred Seventy-
five Thousand Three Hundred Dollars ($275,300) to the
Police Department to be used for paying for Negotiated
Salary and Wage Increases and Longevity Increments,
in accordance with the provisions of Article VI, Section
2(h)(2) of the Baltimore City Charter (1964 Revision).
ORDINANCES 549
Whereas, the money appropriated herein represents a
grant from a governmental source which could not be ex-
pected with reasonable certainty at the time of the formu-
lation of the fiscal 1978 Ordinance of Estimates; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
24th day of May, 1978, all in accordance with Article VI,
Section 2(h)(2) of the 1964 revised Charter of Baltimore
City.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2(h)(2) of the 1964 revision of the Charter of
Baltimore City, the sum of Two Hundred Seventy-five
Thousand Three Hundred Dollars ($275,300) shall be made
available to the Police Department of the City of Balti-
more as a supplementary special fund appropriation for
the fiscal year ending June 30, 1978 for the purpose of
paying for Negotiated Salary and Wage Increases and
Longevity Increments. The amount thus made available as
a supplementary special fund appropriation shall be ex-
pended from a grant of funds to the Mayor and City Coun-
cil of Baltimore by the Federal Government under the
Intergovernmental Antirecession Assistance Act of 1977,
said sum being allotted to the Mayor and City Council of
Baltimore for the aforesaid purpose; and said funds from
said Federal Government shall be the source of revenue for
this supplementary special fund appropriation, as required
by Article VI, Section 2(h) of the 1964 revised Charter of
Baltimore City.
Provided that said sum of Two Hundred Seventy-five
Thousand Three Hundred Dollars ($275,300) shall be ap-
propriated as follows :
Program 201, General Patrol _...._ $221,000
Program 202, Investigations - _ $ 19,100
Program 203, Traffic _ $ 7,800
Program 204, Services Bureau - _ $ 27,400
550 ORDINANCES Ord. No. 767
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved June 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 767
(Council No. 1733)
An Ordinance providing for a supplementary special fund
appropriation in the amount of Three Thousand Two
Hundred Dollars ($3,200) to the Department of Post
Mortem Examiners to be used for paying for Negotiated
Salary and Wage Increases and Longevity Increments,
in accordance with the provisions of Article VI, Section
2(h) (2) of the Baltimore City Charter (1964 Revision).
Whereas, the money appropriated herein represents a
grant from a governmental source which could not be ex-
pected with reasonable certainty at the time of the formu-
lation of the fiscal 1978 Ordinance of Estimates ; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
24th day of May, 1978, all in accordance with Article VI,
Section 2(h)(2) of the 1964 revised Charter of Baltimore
City.
SECTION 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2(h)(2) of the 1964 revision of the Charter of
Baltimore City, the sum of Three Thousand Two Hundred
Dollars ($3,200) shall be made available to the Department
of Post Mortem Examiners of the City of Baltimore as a
supplementary special fund appropriation for the fiscal year
ending June 30, 1978 for the purpose of paying for Nego-
tiated Salary and Wage Increases and Longevity Incre-
ments. The amount thus made available as a supplementary
ORDINANCES 551
special fund appropriation shall be expended from a grant
of funds to the Mayor and City Council of Baltimore by
the Federal Government under the Intergovernmental Anti-
recession Assistance Act of 1977, said sum being allotted
to the Mayor and City Council of Baltimore for the afore-
said purpose ; and said funds from said Federal Government
shall be the source of revenue for this supplementary
special fund appropriation, as required by Article VI, Sec-
tion 2(h) of the 1964 revised Charter of Baltimore City.
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved June 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 768
(Council No. 1734)
An Ordinance providing for a supplementary special fund
appropriation in the amount of Twenty-seven Thousand
Two Hundred Ninety Dollars ($27,290) to the Depart-
ment of Public Works to be used for paying for Nego-
tiated Salary and Wage Increases and Longevity Incre-
ments, in accordance with the provisions of Article VI,
Section 2(h)(2) of the Baltimore City Charter (1964
Revision) .
Whereas, the money appropriated herein represents a
grant from a governmental source which could not be ex-
pected with reasonable certainty at the time of the formu-
lation of the fiscal 1978 Ordinance of Estimates; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
24th day of May, 1978, all in accordance with Article VI,
Section 2(h)(2) of the 1964 revised Charter of Baltimore
City.
552 ORDINANCES Ord. No. 768
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2(h)(2) of the 1964 revision of the Charter of
Baltimore City, the sum of Twenty-seven Thousand Two
Hundred Ninety Dollars ($27,290) shall be made available
to the Department of Public Works of the City of Balti-
more as a supplementary special fund appropriation for the
fiscal year ending June 30, 1978 for the purpose of paying
for Negotiated Salary and Wage Increases and Longevity
Increments. The amount thus made available as a supple-
mentary special fund appropriation shall be expended from
a grant of funds to the Mayor and City Council of Balti-
more by the Federal Government under the Intergovern-
mental Antirecession Assistance Act of 1977, said sum
being allotted to the Mayor and City Council of Baltimore
for the aforesaid purpose; and said funds from said Fed-
eral Government shall be the source of revenue for this
supplementary special fund appropriation, as required by
Article VX Section 2(h) of the 1964 revised Charter of
Baltimore City.
Provided that said sum of Twenty-seven Thousand Two
Hundred Ninety Dollars ($27,290) shall be appropriated as
follows :
Program 190, Administrative Direction and
Control _ _ - $ 1,540
Program 191, Survey Control _ $ 4,190
Program 193, Public Building Management $ 9,780
Program 195, Abandoned Vehicles _ $ 1,750
Program 196, Special Services $ 9,000
Program 198, Engineering Administration
and Support _ $ 1,000
Program 241, Materials, Weights and
Measures Testing _ _ _... $ 2,600
Program 501, Public Streets, Bridges and
Highways _ - $ 10,550
Program 512, Engineering Design _...._ $ 4,800
Program 516, Refuse Disposal - $ 2,300
Program 518, Maintenance and Repair of
Storm Water System _ $ 5,480
ORDINANCES 553
Program 544, Maintenance and Repair of
Sanitary System $(15,000)
Program 546, Water Distribution, Water
Meters and Invest _ _ $(19,000)
Program 550, Waste Water Treatment and
Pumping _ _ $ 8,300
Sec. 2. And be it further ordamed, That this ordinance
shall take effect from the date of its passage.
Approved June 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 769
(Council No. 1735)
An Ordinance providing for a supplementary special fund
appropriation in the amount of Twenty-six Thousand
Four Hundred Twenty Dollars ($26,420) to the Depart-
ment of Recreation and Parks to be used for paying for
Negotiated Salary and Wage Increases and Longevity
Increments, in accordance with the provisions of Article
VI, Section 2(h) (2) of the Baltimore City Charter (1964
Revision).
Whereas, the money appropriated herein represents a
grant from a governmental source which could not be ex-
pected with reasonable certainty at the time of the formu-
lation of the fiscal 1978 Ordinance of Estimates ; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
24th day of May, 1978, all in accordance with Article VI,
Section 2(h)(2) of the 1964 revised Charter of Baltimore
City.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
554 ORDINANCES Ord. No. 769
Section 2(h)(2) of the 1964 revision of the Charter of
Baltimore City, the sum of Twenty-six Thousand Four
Hundred Twenty Dollars ($26,420) shall be made available
to the Department of Recreation and Parks of the City of
Baltimore as a supplementary special fund appropriation
for the fiscal year ending June 30, 1978 for the purpose of
paying for Negotiated Salary and Wage Increases and
Longevity Increments. The amount thus made available as
a supplementary special fund appropriation shall be ex-
pended from a grant of funds to the Mayor and City
Council of Baltimore by the Federal Government under the
Intergovernmental Antirecession Assistance Act of 1977,
said sum being allotted to the Mayor and City Council of
Baltimore for the aforesaid purpose; and said funds from
said Federal Government shall be the source of revenue
for this supplementary special fund appropriation, as re-
quired by Article VI, Section 2(h) of the 1964 revised
Charter of Baltimore City.
Provided that said sum of Twenty-six Thousand Four
Hundred Twenty Dollars ($26,420) shall be appropriated
as follows:
Program 471, Administrative Direction and
Control _ $ 1,700
Program 473, Municipal Concerts and Other
Musical Events $ 90
Program 478, General Park Services $ 2,360
Program 479, Special Park Facilities $ 7,000
Program 480, Regular Recreational
Services $14,670
Program 505, Street Trees _ $ 600
SEC. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved June 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
ORDINANCES 555
No. 770
(Council No. 1736)
An Ordinance providing for a supplementary special fund
appropriation in the amount of Two Hundred Dollars
($200) to the Sheriff's Office of Baltimore City to be used
for paying for Negotiated Salary and Wage Increases and
Longevity Increments, in accordance with the provisions
of Article VI, Section 2(h)(2) of the Baltimore City
Charter (1964 Revision).
Whereas, the money appropriated herein represents a
grant from a governmental source which could not be ex-
pected with reasonable certainty at the time of the formu-
lation of the fiscal 1978 Ordinance of Estimates; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
24th day of May, 1978, all in accordance with Article VI,
Section 2(h) (2) of the 1964 revised Charter of Baltimore
City.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI, Sec-
tion 2(h) (2) of the 1964 revision of the Charter of Balti-
more City, the sum of Two Hundred Dollars ($200) shall
be made available to the Sheriff's Office of the City of Balti-
more as a supplementary special fund appropriation for the
fiscal year ending June 30, 1978 for the purpose of paying
for Negotiated Salary and Wage Increases and Longevity
Increments. The amount thus made available as a supple-
mentary special fund appropriation shall be expended from
a grant of funds to the Mayor and City Council of Balti-
more by the Federal Government under the Intergovern-
mental Antirecession Assistance Act of 1977, said sum
being allotted to the Mayor and City Council of Baltimore
for the aforesaid purpose ; and said funds from said Federal
Government shall be the source of revenue for this supple-
mentary special fund appropriation, as required by Article
VI, Section 2(h) of the 1964 revised Charter of Baltimore
City.
556 ORDINANCES Ord. No. 771
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved June 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 771
(Council No. 1737)
An Ordinance providing for a supplementary special fund
appropriation in the amount of Twelve Thousand Seven
Hundred Forty Dollars ($12,740) to the State's Attorney
for Baltimore City to be used for paying for Negotiated
Salary and Wage Increases and Longevity Increments,
in accordance with the provisions of Article VI, Section
2(h) (2) of the Baltimore City Charter (1964 Revision).
Whereas, the money appropriated herein represents a
grant from a governmental source which could not be ex-
pected with reasonable certainty at the time of the formu-
lation of the fiscal 1978 Ordinance of Estimates; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
24th day of May, 1978, all in accordance with Article VI,
Section 2(h)(2) of the 1964 revised Charter of Baltimore
City.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2(h)(2) of the 1964 revision of the Charter of
Baltimore City, the sum of Twelve Thousand Seven Hun-
dred Forty Dollars ($12,740) shall be made available to the
State's Attorney of the City of Baltimore as a supplemen-
tary special fund appropriation for the fiscal year ending
June 30, 1978 for the purpose of paying for Negotiated
Salary and Wage Increases and Longevity Increments. The
amount thus made available as a supplementary special
ORDINANCES 557
fund appropriation shall be expended from a grant of funds
to the Mayor and City Council of Baltimore by the Federal
Government under the Intergovernmental Antirecession
Assistance Act of 1977, said sum being allotted to the
Mayor and City Council of Baltimore for the aforesaid pur-
pose; and said funds from said Federal Government shall
be the source of revenue for this supplementary special
fund appropriation, as required by Article VI, Section 2(h)
of the 1964 revised Charter of Baltimore City.
SEC. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved June 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 772
(Council No. 1738)
An Ordinance providing for a supplementary special fund
appropriation in the amount of Fifteen Thousand Two
Hundred Eighty Dollars ($15,280) to the Department of
Transit and Traffic to be used for paying for Negotiated
Salary and Wage Increases and Longevity Increments,
in accordance with the provisions of Article VI, Section
2(h)(2) of the Baltimore City Charter (1964 Revision).
Whereas, the money appropriated herein represents a
grant from a governmental source which could not be ex-
pected with reasonable certainty at the time of the formu-
lation of the fiscal 1978 Ordinance of Estimates; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
24th day of May, 1978, all in accordance with Article VI,
Section 2(h)(2) of the 1964 revised Charter of Baltmwe
City.
558 ORDINANCES Orel. No. 772
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2(h)(2) of the 1964 revision of the Charter of
Baltimore City, the sum of Fifteen Thousand Two Hundred
Eighty Dollars ($15,280) shall be made available to the
Department of Transit and Traffic of the City of Baltimore
as a supplementary special fund appropriation for the fiscal
year ending June 30, 1978 for the purpose of paying for
Negotiated Salary and Wage Increases and Longevity In-
crements. The amount thus made available as a supple-
mentary special fund appropriation shall be expended from
a grant of funds to the Mayor and City Council of Balti-
more by the Federal Government under the Intergovern-
mental Antirecession Assistance Act of 1977, said sum
being allotted to the Mayor and City Council of Baltimore
for the aforesaid purpose; and said funds from said Fed-
eral Government shall be the source of revenue for this
supplementary special fund appropriation, as required by
Article VI, Section 2(h) of the 1964 revised Charter of
Baltimore City.
Provided that said sum of Fifteen Thousand Two Hun-
dred Eighty Dollars ($15,280) shall be appropriated as
follows:
Program 230, Administrative Direction
and Control „..- $2,330
Program 231, Traffic Planning and
Engineering ~„ - _ $3,500
Program 232, Metered Parking Control : $2,200
Program 233, Traffic Signs and Street
Markings - -....- $3,850
Program 234, Construction and Maintenance
of Traffic Signals $3,400
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved June 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
ORDINANCES 559
No. 773
(Council No. 1739)
An Ordinance providing for a supplementary special fund
appropriation in the amount of One Thousand One Hun-
dred Ten Dollars ($1,110) to the Department of Treas-
urer to be used for paying for Negotiated Salary and
Wage Increases and Longevity Increments, in accordance
with the provisions of Article VI, Section 2(h) (2) of the
Baltimore City Charter (1964 Revision).
Whereas, the money appropriated herein represents a
grant from a governmental source which could not be ex-
pected with reasonable certainty at the time of the formu-
lation of the fiscal 1978 Ordinance of Estimates ; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
24th day of May, 1978, all in accordance with Article VI,
Section 2(h) (2) of the 1964 revised Charter of Baltimore
City.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2(h)(2) of the 1964 revision of the Charter of
Baltimore City, the sum of One Thousand One Hundred
Ten Dollars ($1,110) shall be made available to the De-
partment of the Treasurer of the City of Baltimore as a
supplementary special fund appropriation for the fiscal
year ending June 30, 1978 for the purpose of paying for
Negotiated Salary and Wage Increases and Longevity In-
crements. The amount thus made available as a supple-
mentary special fund appropriation shall be expended
from a grant of funds to the Mayor and City Council of
Baltimore by the Federal Government under the Intergov-
ernmental Antirecession Assistance Act of 1977, said sum
being allotted to the Mayor and City Council of Baltimore
for the aforesaid purpose ; and said funds from said Federal
Government shall be the source of revenue for this supple-
mentary special fund appropriation, as required by Article
VI, Section 2(h) of the 1964 revised Charter of Baltimore
City.
500 ORDINANCES Ord. No. 774
SEC. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved June 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 774
(Council No. 1740)
An Ordinance providing for a supplementary special fund
appropriation in the amount of Four Hundred Dollars
($400) to the War Memorial Commission to be used for
paying for Negotiated Salary and Wage Increases and
Longevity Increments, in accordance with the provisions
of Article VI, Section 2(h)(2) of the Baltimore City
Charter (1964 Revision).
Whereas, the money appropriated herein represents a
grant from a governmental source which could not be ex-
pected with reasonable certainty at the time of the formu-
lation of the fiscal 1978 Ordinance of Estimates; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
24th day of May, 1978, all in accordance with Article VI,
Section 2(h)(2) of the 1964 revised Charter of Baltimore
City.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2(h)(2) of the 1964 revision of the Charter of
Baltimore City, the sum of Four Hundred Dollars ($400)
shall be made available to the War Memorial Commission
of the City of Baltimore as a supplementary special fund
appropriation for the fiscal year ending June 30, 1978 for
the purpose of paying for Negotiated Salary and Wage
Increases and Longevity Increments. The amount thus
made available as a supplementary special fund appropria-
ORDINANCES 561
tion shall be expended from a grant of funds to the Mayor
and City Council of Baltimore by the Federal Government
under the Intergovernmental Antirecession Assistance Act
of 1977, said sum being allotted to the Mayor and City
Council of Baltimore for the aforesaid purpose; and said
funds from said Federal Government shall be the source of
revenue for this supplementary special fund appropriation,
as required by Article VI, Section 2(h) of the 1964 revised
Charter of Baltimore City.
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved June 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 775
(Council No. 1412)
An Ordinance granting permission to the Southeast Balti-
more Group Homes, Inc., for the establishment and main-
tenance of a Community Adult Rohabilitation CORREC-
TION Center (JUVENILE GROUP HOME) FOR 10
RESIDENTS on the north side of East Baltimore Street,
west from North Spring Street, known as 1422 East Bal-
timore Street, as outlined in red on the plats accompany-
ing this ordinance, under the provisions of Section 6.3-ld
of Article 30 of the Baltimore City Code (1966 Edition),
title "Zoning Code of Baltimore City" as ordained by
Ordinance 260, approved February 5, 1973, and under
the provisions of Section 11.0-6d of said article and title,
subtitle "Conditional uses by Authority of City Council,"
as ordained by Ordinance 1051, approved April 20, 1971,
SUBJECT TO THE CONDITION THAT THE CENTER
SHALL BE OPERATIONAL WITHIN 24 MONTHS.
SECTION 1. Be it ordained by the Mayor and City Council
of Baltimore, That permission is hereby granted to the
562 ORDINANCES Ord. No. 776
Southeast Baltimore Group Homes, Inc., for the establish-
ment and maintenance of a Community Adult Rohabilita-
tioft CORRECTION Center (JUVENILE GROUP HOME)
FOR 10 RESIDENTS on the north side of East Baltimore
Street, west from North Spring Street, known as 1422 East
Baltimore Street, as outlined in red on the plats accom-
panying this ordinance, under the provisions of Section
6.3-ld of Article 30 of the Baltimore City Code (1966 Edi-
tion), title "Zoning Code of Baltimore City," as ordained by
Ordinance 260, approved February 5, 1973, and under the
provisions of Section 11.0-6d of said article and title, sub-
title "Conditional uses by authority of City Council," as
ordained by Ordinance 1051, approved April 20, 1971.
SEC. 2. AND BE IT FURTHER ORDAINED, THAT
THIS ORDINANCE IS PASSED ON THE CONDITION
THAT SOUTHEAST BALTIMORE GROUP HOMES,
INC., SHALL BE OPERATING AND MAINTAINING A
JUVENILE GROUP HOME AT 1422 EAST BALTIMORE
STREET WITHIN 24 MONTHS FROM THE DATE OF
PASSAGE OF THIS ORDINANCE.
Sec. 2t 3. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved June 16, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 776
(Council No. 1432)
An Ordinance to authorize the use of the property to the
rear of 1001 Pine Heights Avenue, as outlined in red on
the plats accompanying this ordinance, for an open air
off-street parking facility in the OR-1 R-6 District, pur-
suant to Sections 5.1 Id 4.6-1D and 11.0-6d of Article 30
of the Baltimore City Code (1966 Edition), title "The
Zoning Ordinance of Baltimore City" (Ordinance No.
1051) approved April 20, 1971.
ORDINANCES 563
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the property to the rear of 1001 Pine
Heights Avenue, as outlined in red on the plats accompany-
ing this ordinance, be and it is hereby authorized for use
as an open air off-street parking facility in the OR-1 R-6
District, pursuant to Sections 5,1-ld 4.6-1D and 11.0-6d of
Article 30 of the Baltimore City Code (1966 Edition), title
"The Zoning Ordinance of Baltimore City" (Ordinance No.
1051) approved April 20, 1971.
Sec. 2. And be it further ordained, That upon passage
of this ordinance by the City Council, as evidence of the
authenticity of the plat which is a part hereof and in order
to give notice to the departments which are administering
the Zoning Ordinance, the President of the City Council
shall sign the plat, and when the Mayor approves the ordi-
nance, he shall sign the plat. The City Treasurer shall then
transmit a copy of the ordinance and one of the plats to
the following: the Board of Municipal and Zoning Ap-
peals, the Planning Commission, the Commissioner of the
Department of Housing and Community Development,
the Commissioner of Transit and Traffic, and the Zoning
Administrator.
Sec. 3. And be it further ordained, That this ordinance
shall take effect thirty days from the date of its passage.
Approved June 16, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 777
(Council No. 1564)
An Ordinance to authorize the establishment, maintenance
and operation of housing for the elderly on the property
located at 501 East Preston Street, as shown outlined in
red of the plats accompanying this ordinance, this
ordinance being ordained under the provisions of Sections
4.9-ld and 11.0-6d of Article 30 of the Baltimore City
564 ORDINANCES Ord. No. 778
Code (1966 Edition), title "Zoning Ordinance of Balti-
more City," as ordained by Ordinance 1051, approved
April 20, 1971, and as amended by Ordinance 1202,
approved November 29, 1971.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the Mayor and City Council of Baltimore
hereby authorizes the establishment, maintenance, and
operation of housing for the elderly, as shown outlined in
red on the plats accompanying this ordinance, under and
pursuant to the provisions of Sections 4.9-ld and 11.0-6d
of Article 30 of the Baltimore City Code (1966 Edition),
title "Zoning Ordinance of Baltimore City," as ordained by
Ordinance 1051, approved April 20, 1971, and as amended
by Ordinance 1202, approved November 29, 1971.
Sec. 2. And be it further ordained. That upon passage
of this ordinance by the City Council, as evidence of the
authenticity of the plat which is a part hereof, and in
order to give notice to the departments which are adminis-
tering the Zoning Ordinance, the President of the City
Council shall sign the Plat, The City Treasurer shall then
transmit a copy of the ordinance and one of the plats to
the following : the Board of Municipal and Zoning Appeals,
the Planning Commission, the Commissioner of the De-
partment of Housing and Community Development, the
Commissioner of Transit and Traffic, and the Zoning
Administrator.
Sec. 3. And be it further ordained, That this ordinance
shall take effect thirty days from the date of its passage.
Approved June 16, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 778
(Council No. 1608)
An Ordinance to repeal and reordain, with amendments,
Sections 51 through 60, inclusive of Article 19 of the
ORDINANCES 565
Baltimore City Code (1966 Edition), title "Police Ordi-
nance," subtitle "Minimum Wage Law,"; to add new
Sections 61 and 62 to the same Article; and incorporating
and amending the provisions of Ordinance 969, approved
July 9, 1975, changing the name of the Ordinance to
"Wage Law" and the name of the Commission to "Wage
Commission" for Baltimore City and renumbering cer-
tain paragraphs and changing certain definitions and
amending the hourly wage rates and authorizing the
Wage Commission to collect employee's compensation
from employers who refuse to pay their employees upon
separation, and providing for overtime payments to em-
ployees and requiring employers to notify employees of
rates of pay, pay dates and gross pay and deductions
and providing for interest to be paid to employees on the
unpaid wages and providing a penalty for violations of
the provisions of this subtitle.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That Sections 51 through 60 inclusive of
Article 19 of the Baltimore City Code (1966 Edition), title
"Police Ordinances," subtitle "Minimum Wage Law," be
and they are hereby repealed and reordained with amend-
ments to read as follows:
51. Declaration of Policy and findings of fact.
The Mayor and City Council, after conducting an in-
vestigation of employment conditions in the City of Balti-
more, hereby find that many persons employed in Baltimore
are paid wages which, in relation to the cost of living in the
City and the income necessary to sustain minimum stand-
ards of decent living conditions, are insufficient to provide
adequate maintenance for themselves and their families;
that the employment of such persons at such wages impairs
the health, efficiency, and well-being of the persons so em-
ployed and of their families, reduces the purchasing power
of such persons, diminishes and depresses business, trade,
and industry in the City, threatens the stability and well-
being of the City's economic life, fosters and contributes
toward slum conditions and housing evils and creates con-
ditions of want and deprivation tending to weaken and
undermine family life and breed crime and juvenile de-
linquency. Employment of persons at such insufficient rates
566 ORDINANCES Ord. No. 778
of pay threatens the health, welfare, and well-being of the
people of the City and injures the City economically.
Accordingly, it is the declared poHcy of the Mayor and
City Council that such conditions be eliminated as rapidly
as practicable without substantially curtailing opportunities
for employment or earning power.
To that end, legislation is necessary in the public in-
terest in order to end these conditions so inimical to the
public health, safety, and welfare of the citizens of Balti-
more, to establish minimum wage standards for all em-
ployees as herein defined at a level consistent with their
health, welfare, and general well-being.
£54.] 52. [Minimum] Wage Commission.
(a) Created — There is hereby created and established
the [Minimum] Wage Commission of Baltimore City with
the membership, powers and duties as in this subtitle pro-
vided, which shall be responsible for the administration and
proper operation of the minimum wage law.
(b) Members — The Commission shall be composed of
five persons of integrity and experience who shall be ap-
pointed by the Mayor subject to the approval of the City
Council. If a vacancy occurs on the Commission, the va-
cancy shall be filled for the unexpired term in the same
manner as the office was previously filled. The Commission
members shall serve without compensation but shall be
reimbursed for all expenses necessarily incurred. Each
member of the Commission shall serve for a period of
three (3) years and until his successor is duly appointed
and qualified, except that in the case of those first ap-
pointed, the terms shall be as follows: two members shall
be appointed to serve for one year, two to serve for two
years, and one to serve for three years. Each member of
the Commission, within ten days after his appointment,
shall take an oath of office that so far as it devolves upon
him, he will diligently and honestly administer the affairs
of the said Commission, and such oath shall be subscribed
to by the member making it and certified by the Mayor
before whom it is taken and shall be immediately filed in
the office of the City Treasurer.
ORDINANCES 567
(c) Procedure — Each member of the Commission shall
be entitled to one vote. A majority of said Commission shall
constitute a quorum for the transaction of any business, the
exercise of any power in the performance of any duty
authorized or imposed by this subtitle.
(d) Staff; budget — The Mayor shall designate one mem-
ber of the Commission as its chairman, and the Commission
shall, by a majority vote of all its members, appoint an
executive director. It shall employ such other persons as may
be required to administer effectively the provisions of this
subtitle. Compensation of all persons so employed by the
Commission and all other necessary expenses of the Commis-
sion shall be paid at such rates and in such amounts as the
Board of Estimates shall approve and in accordance with
the appropriations in the annual Ordinance of Estimates.
[55.] 53. Powers and Duties of the Commission.
The Commission is authorized to and shall have the power
to:
(1) Formulate and carry out a comprehensive educa-
tional and action program designed to eliminate the pay-
ment of substandard wages to employees in the City of
Baltimore.
(2) Receive, investigate, and take action as herein pro-
vided on all complaints of payment of less than the mini-
mum wage required by this subtitle; conduct such investi-
gations on its own initiative as it deems proper to effectu-
ate the purposes of this subtitle; monitor and assist in the
fulfillment of any agreements negotiated with employers to
effect their compliance with this subtitle.
(3) Make appropriate findings as a result of any of its
investigations.
(4) Adopt such rules and regulations as it may deem
necessary to effect compliance with this subtitle, govern
its procedures and execute the duties and responsibilities
imposed on it herein. Such rules and regulations may in-
clude, but are not limited to, those further defining persons
engaged in voluntary service to a non-profit organization,
persons employed in a bona fide executive, supervisory or
568 ORDINANCES Ord. No. 778
professional capacity, persons employed by any member of
their immediate family, persons compensated upon a com-
mission basis; [persons employed as domestics and persons
employed in grocery stores for the purposes of Section
52(3) ;] and those establishing deductions in allowance for
the reasonable value of uniforms, board, lodging or other
facilities, items or services supplied by the employer, de-
fining students and employees customarily receiving tips
and defining handicapped persons for the purposes of Sec-
tion 55. All rules and regulations so adopted shall be pub-
lished by the Commission as soon as possible after their
adoption and made available, without charge, to any per-
sons requesting them.
(5) In the enforcement of this subtitle, issue subpoenas,
compel the attendance and testimony of witnesses and the
production of books, papers, records, and documents re-
lating to payroll records, and necessary for hearings, in-
vestigations, and proceedings. Any such subpoena shall be
served by the Sheriff of Baltimore City or any of his
deputies. In case of disobedience to a subpoena, the Com-
mission may apply to a Court of appropriate jurisdiction
for an order requiring the attendance and testimony of
witnesses and the production of books, papers, records, and
documents. Said court, in case of contumacy or refusal to
obey any such subpoena, after notice to the person sub-
poenaed, and upon finding that the attendance or testimony
of such witnesses or the production of such books, papers,
records, and documents as the case may be, is relevant or
necessary for such hearings, investigations, or proceedings
of the Commission, may issue an order requiring the at-
tendance, and testimony of such witnesses and the produc-
tion of such books, papers, records, and documents, or any
of them, and any failure to obey such order of the court
may be punished by the court as contempt thereof.
(6) Neither the Commission nor any of its employees
may be compelled in any hearing before the Commission or
other administrative proceeding, to disclose the identity of
any person filing a complaint with the Commission under
the provisions of this subtitle. The Commission shall, how-
ever, have the right in its sole discretion to make such dis-
closure in any instance where the Commission deems it ap-
propriate to do so.
ORDINANCES 569
(7) Inspect payroll records of any business if neces-
sary.
[52.] 5U. Definitions.
The terms hereinafter set forth, wherever used in this
subtitle, are defined as follows:
(1) "Employ" means to [suffer or] permit to work.
(2) "Employer" means any person, individual, partner-
ship, association, corporation, business trust or any other or-
ganized group or successor of an individual, partnership,
association, corporation, trust of persons employing two or
more persons in the City of Baltimore, but shall not include
the United States, any State or any political subdivision
thereof.
(3) "Employee" means any person permitted or in-
structed to work or be present by an employer, but shall not
include
(a) Persons engaged in the activities of an educational,
charitable, religious, or other non-profit organization where
the services rendered to such organization are on a volun-
tary basis, or in return for charitable aid conferred upon
such person.
(b) Persons employed in a bona fide executive, super-
visory or professional capacity.
(c) Persons employed by any member of their immedi-
ate family.
(d) Persons compensated upon a commission basis only.
(e) Persons employed as domestics within a home, only
to the extent that such persons have been exempted from
the Federal Fair Labor Standards Act as amended and as
hereafter amended.
(F) PERSONS EMPLOYED AT MOTION PICTURE
THEATRES, WHETHER INDOOR OR OUTDOOR.
[53.] 55. Minimum Wage.
(a) Subject to the other provisions of this subtitle,
every employer operating and doing business in Baltimore
City shall pay wages to each of his employees therein at a
570 ORDINANCES Ord. No. 778
rate not less than Two Dollars and Sixty-Five Cents ($2.65)
per hour beginning on the effective date of this ordinance,
Two Dollars and Ninety Cents ($2.90) per hour beginning
January 1, 1979 and Three Dollars Ten Cents ($3.10)
per hour beginning January 1, 1980 and Three Dollars and
Thirty-Five Cents ($3.85) per hour beginning January 1,
1981.
(b) For purposes of this subtitle, wages shall include
the reasonable value, as determined by the [Minimum]
Wage Commission of uniforms, board, lodging or other
facilities, items or services furnished such employee by the
employer. Provided that the [Minimum] Wage Commission
is empowered to determine such value by reference to the
average cost to the employer or to groups of employers
similarly situated.
(c) Any employee who is a full time student in a pri-
mary or secondary school, as such term is further defined
by the [Minimum] Wage Commission, may be paid Eighty-
Five Per Cent (85%) of the minimum wage proscribed
herein; provided, however, that such students may not be
employed for more than twenty-eight (28) hours per week
while attending school. Students enrolled in an approved
work study program shall be exempt from the limitations
of this subparagraph (c) and from the minimum wage re-
quirements of this subtitle. Work Study Programs must be
approved by the Wage Commission.
(d) With respect to any employee engaged in an occupa-
tion in which he customarily and regularly receives more
than Thirty Dollars ($30.00) per month in tips, the em-
ployer may credit up to 50 % as of the effective date of this
Ordinance; 45% on January 1, 1979; 40% on January 1,
1980 and thereafter of the applicable minimum wage as
coming from tips but may do so only if the employee ac-
tually received the amount credited. It shall be the em-
ployer's obligation to provide evidence of any amount
claimed by him as being received by his employee as tips.
(e) The [Minimum] Wage Commission may, in its
discretion, recognize certificates issued by the State of
Maryland for payment of less than the minimum wage to
persons who are mentally or physically handicapped, or
the Commission may issue its own certificates; provided,
ORDINANCES 571
that the Commission's said recognition or certification may
be upon such terms and for such period of time as the Com-
mission deems appropriate.
56. Wages Due
If an employee is separated from his jvb for any reason
and complains to the Commission that the employer refused
to compensate him for services rendered on the next regular
payday, the Commission is authorized to collect these wages
for the affected employee.
57. Overtime
Every employer shall pay each of its employees for all
hours worked in excess of forty (40) during any work
week, at a rate which is one and one-half (iy<±) times the
employee's usual hourly wage rate, except that no employer
ivill be liable for overtime pay to an employee under this
Section to a greater extent than it is liable to such em-
ployee under the Minimum Wage Act of the State of Mary-
land (Article 100 §§ 81-93 of the Annotated Code of Mary-
land) or the Federal Fair Labor Standards Act (29 U.S.C.
§§ 201-219). Except that any gross receipts dollar volume
limitation to coverage contained m Article 100, Sections
81-93 of the Annotated Code of Maryland or Volume 29,
Sections 201-219 of United States Code Annotated will not
be applicable hereunder.
For purposes of this Section, an employee's "usual
hourly wage rate" and "work week" shall be determined
under the provisions of the Federal Fair Labor Standards
Act unless his employer is not subject to that Act in which
case such determinations shall be made under the provisions
of the Minimum Wage Act of the State of Maryland.
58. Records
(a) Every employer subject to this subtitle shall keep
for a period of not less than three (3) years a true and
accurate record of the name, social security number, ad-
dress at time of employment, occupation, time worked and
rate of pay for each of his employees. The Commission or
its authorized representative, shall have the right, at all
reasonable times, to enter upon the premises of any em-
572 ORDINANCES Ord. No. 778
ployer to inspect such records to ascertain whether the pro-
visions of this subtitle have been complied with. The records
of the Commission in any proceeding or investigation made
pursuant to the provisions of this subtitle shall be kept
confidential to the extent that they disclose the payroll of
any employer except for the use of a Complainant employee
or other public agency. [Every employer subject to this
subtitle shall be required to give to every employee, whose
wages are regulated herein, a statement each pay period
clearly showing such employee's gross earnings and itemized
deductions therein.]
(b) "Every employer subject to this subtitle shall
(1) Notify his employees at the time of hiring of their
respective rates of pay, and of the regular payday desig-
nated by the employer.
(2) Notify his employees of any changes in the pay
rates or payday at least one pay period prior to the change.
(3) Furnish each employee with a statement each pay
period which shall, in each instance, clearly show the gross
earnings and itemized deductions, hours worked and rate of
pay.
(4) No employer shall withhold any part of the wages
or salary of any employee except for those deductions in
accordance with law without written and signed authoriza-
tion of the employee/'
[58.] 59. Posting of Summary of the Act.
Every employer subject to this subtitle shall keep a
summary of this subtitle, furnished by the Commission
without charge, posted in a conspicuous place on or about
the premises wherein any person subject to this subtitle is
employed.
£56.] 60. Complaints.
(a) Filing — Any person claiming to be aggrieved by an
alleged payment of a wage of a lesser amount than required
by this subtitle may by himself, or his attorney, within one
year after the occurrence of the alleged unlawful act, make,
sign, and file with the Commission a complaint in writing,
under oath. The complaint shall state the name and address
ORDINANCES 573
of the employer alleged to have paid the unlawful wage
(hereinafter referred to as the respondent) and the par-
ticulars thereof and contain such other information as may
be required by the Commission. The Commission shall have
the right, acting upon its own initiative and without any
complaint from an employee, to file a complaint against an
employer whenever the Commission has reasonable cause to
believe that such employer is or has been in violation of the
provisions of this subtitle.
(b) Investigation; agreements — After the filing of any
such complaint, either by a person claiming to be aggrieved
as set forth in (a) above or by the Commission, the Com-
mission shall investigate the facts alleged therein; and shall
make a finding of probable cause for the said complaint or
lack of it. If the finding of the Commission is that the com-
plaint lacks probable cause then it shall dismiss said com-
plaint and mail copies of its finding to respondent and
complainant. If the Commission finds probable cause for the
complaint, the Commission shall attempt, by means of con-
ference, to persuade respondent to cease and desist its
illegal action and to commence paying complainant such
lawful wages as are required by this subtitle, and to reim-
burse complainant for the difference between what he had
been receiving as wages and what he should have lawfully
received. Any such agreement reached between respondent
and the Commission shall be reduced to writing and a copy
thereof furnished to complainant and respondent.
(c) If the Commission and the Respondent shall fail
to reach agreement or the Respondent shall fail to meet his
obligations under such agreement within thirty (30) days
thereof, or within such other time as may be specified
therein, the Commission shall make such final order in the
proceedings as it deems appropriate to require the payment
of all wages due the Respondent's employees hereunder and
to direct the cessation of all practices by the Respondent
which are contrary to the provisions of this subtitle and/or
rules and regulations of the Commission. A copy of such
order shall be furnished the Respondent by registered mail
within three (3) days of its passage.
(d) If, within thirty (30> days of the passage of such
order, the Respondent shall have failed to comply therewith,
574 ORDINANCES Onl. No. 778
the [Minimum] Wage Commission may certify such pro-
ceedings to the City Solicitor and request that he petition
the Circuit Court for Baltimore City to enforce the said
order and direct payment to the aggrieved employee. Pro-
vided, however, that each Respondent in every proceeding
hereunder shall have a right to appeal the Commission's
order, within thirty (30) days of the passage thereof to the
Circuit Court for Baltimore City.
(59.] 61. Crimes and Penalties.
(a) It shall be unlawful for any employer to discharge
or reduce the compensation of any employee for making a
complaint to the [Minimum] Wage Commission, partici-
jxating in any of its proceedings or availing himself of any
of the civil remedies provided herein. In such a case the
[Minimum] Wage Commission may, pursuant to the pro-
cedures provided in Section 60 hereof, order appropriate
restitution or the reinstatement of such employee with
backpay to the date of violation.
(b) It shall be unlawful for any employee to make any
groundless, unfounded or malicious complaint to the Com-
mission or in bad faith institute or testify in any pro-
ceeding before the Commission under the provisions hereof.
(c) It shall be unlawful for any employer to wilfully
fail to keep any of the records required herein or to fail
to make them available to the [Minimum] Wage Commis-
sion or its representative upon request.
(d) It shall be unlawful for any employer to wilfully
disregard the requirements set for minimum wages in Sec-
tion 55(a) or wilfully violate the Rules and Regulations of
the Commission in any manner which causes a prohibited
underpayment of wages.
(e) Any employer who violates the provisions of Sec-
tions 55, 56 and/or 57 -of this subtitle shall be liable to the
employee or employees affected in the amount of their un-
paid minimum ivages, wages due or overtime compensation
as the case may be and an additional amount of six percent
(6(/o) interest on unpaid minimum wages, wages due or
overtime compensation. Any sums recovered by the Wage
Commission fo-r Baltimore City and not paid to the em-
ORDINANCES 575
ployee because of inability to locate said employee within a
period of one year shall be paid into the Treasury of the
City of Baltimore. Furthermore, any employer who violates
this subtitle shall forfeit and pay to the City of Baltimore a
penalty in the amount of Fifty Dollars ($50.00) for each
violation for a first offense; Two Hundred Fifty Dollars
($250.00) for each violation for a second offense; and Five
Hundred Dollars ($500.00) for each violation thereafter.
f60.] 62. Employees' Remedies.
Nothing contained in this subtitle shall be in any way
construed to limit or abridge any rights possessed by any
employee at common law, by statute or by ordinance to
bring a civil action to redress underpayments of wages. Any
employee who is aggrieved by underpayments or other vio-
lations of this subtitle shall be entitled to bring such an
action, and to recover therein such costs and reasonable
counsel fees as the Court may allow. Any agreement be-
tween such employee and his employer to work for less than
the minimum wage prescribed therein is invalid and shall
be no defense to such action. Proceedings before the [Mini-
mum] Wage Commission shall not be considered a pre-
condition to such civil action.
Sec. 2. And be it further ordained, That this ordinance
shall take effect [October 1, 1975] July 1, 1978.
Approved June 16, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 779
(Council No. 1611)
An Ordinance to amend the Urban Renewal Plan for the
University of Maryland, Baltimore Campus, Project No.
II, which Plan was originally approved by Ordinance No.
913, dated July 3, 1961, to, among other things, (1) permit
the United States Veterans Administration to develop a
hospital in the project area; (2) subdivide the area
576 ORDINANCES Ord. No. 779
bounded by Fayette Street, Baltimore Street, the former
bed of Arch Street, and Greene Street, and establish
specific regulations, controls and restrictions for the
development of this land; (3) change the land use of a
portion of said area from Public (Educational) to a newly
created classification, Public Hospital and Related Facili-
ties; (4) establish air rights over Baltimore Street
between Greene Street and the former bed of Arch Street ;
(5) increase the maximum permitted coverage on a por-
tion of land in the project area; (6) revise certain exhibits
attached to the Renewal Plan to reflect the changes pro-
vided therein; (7) waive such requirements, if any, as to
content or procedure for the preparation, adoption and
approval of renewal plans as set forth in Ordinance No.
152, approved June 28, 1968, as amended to date, which the
Renewal Plan for the University of Maryland, Baltimore
Campus, Project No. II, may not meet; (8) provide for the
separability of the various parts and applications of this
ordinance; (9) provide that where the provisions of this
ordinance shall conflict with any other ordinance, code,
or regulation, the provision which establishes the higher
standard shall prevail; and (10) provide for the effective
date hereof.
Whereas, the Urban Renewal Plan for the University of
Maryland, Baltimore Campus, Project No. II, was approved
by the Mayor and City Council of Baltimore by Ordinance
No. 913, dated July 3, 1961, and last amended by Ordinance
No. 980, dated August 14, 1975; and
Whereas, pursuant to Section 26, Article 13 of the Balti-
more City Code (1966 Edition) as amended to date, no sub-
stantial change or changes shall be made in any renewal plan,
after approval by ordinance, without such change or changes
first being adopted and approved in the same manner as set
forth in said Section 26 for the approval of a renewal plan,
namely the pi'eparation of such change or changes by the
Department of Housing and Community Development, the
approval of such change or changes by the Director of the
Department of Planning, and approval and adoption by an
ordinance of the Mayor and City Council of Baltimore after
a public hearing in relation thereto, all in the manner set
forth in said Section 26 ; and
ORDINANCES 577
Whereas, the Department of Housing and Community
Development has prepared a list of changes to the Renewal
Plan for the University of Maryland, Baltimore Campus,
Project No. II, dated March 20, 1978 ; and
Whereas, Amendment No. 3 to the Renewal Plan for the
University of Maryland, Baltimore Campus, Project No. II,
has been approved by the Director of the Department of
Planning on April 19, 1978 with respect to the Master Plan,
the detailed location of any public improvements proposed in
the amended Renewal Plan, its conformity to the rules
and regulations for subdivisions, and its conformity to exist-
ing zoning classifications ; and said Amendment No. 3 to the
Renewal Plan has been approved and recommended to the
Mayor and City Council of Baltimore by the Commissioner
of the Department of Housing and Community Development
on April 20, 1978 ; now, therefore,
Section 1. Be it ordained by the Mayor and City Coimcil
of Baltimore, That the following amendments and changes
to the Renewal Plan for the University of Maryland, Balti-
more Campus, Project No. II, having been duly reviewed
and considered, are hereby approved, and the Clerk of the
City Council is hereby directed to file a copy of said Renewal
Plan revised to include Amendment No. 3, dated March 20,
1978, with the Department of Legislative Reference as a
permanent public record and make the same available for
public inspection and information.
1. On Page 1, Table of Contents, under the section en-
titled "Permitted Uses", add a new subsection C.2.b.(4),
page 3, entitled "Public Hospital and Related Facilities".
2. On Page 1, Table of Contents, under the section en-
titled "Exhibits", change the dates of Exhibits Nos. 2 and
5 from "5/15/75" to "3/20/78".
3. On Page 2, Section C.I., entitled "Land Use Map", line
2, delete the word "and" before the date "May 15, 1975" and
insert after that date ", and March 20, 1978".
4. On Page 3, Section C.2.b., entitled "Permitted Uses",
add a new subsection C.2.b.(4) as follows:
"(4) Public Hospital and Related Facilities
578 ORDINANCES Ord. No. 779
All uses that are applicable to the overall operation of a
hospital. "
5. On Page 4, under Section C.2.c.(l), entitled "General
Provisions", subsection (d), delete the word "and" after the
date "November 15, I960" in the fourth line; delete the
word "and" before the date "May 15, 1975", and add "and
March 20, 1978" after that date in the fifth line ; delete both
words "and" in the seventh line; and add "and March 20,
1978" after "1975" in the eighth line.
6. On Page 4, under Section C.2.b.(l), entitled "General
Provisions", subsection (e), insert "With the exception of
Lot No. 1A" before the words "Off-street" in the first line.
7. On Page 5, Section C.2.c.(2), entitled "Regulations,
Controls and Restrictions for Disposition Lots", add the
following new subsections (a) and (b) :
"(a) Disposition Lot 1A
i. General Use: Public Hospital and Related Facilities
ii. Maximum Permitted Coverage: 90%. Special permis-
sion is required for any coverage of easement areas from the
Department of Public Works and the Department of Hous-
ing and Community Development.
iii. Minimum Required Setbacks: None.
iv. Maximum Permitted Height: 250 feet.
v. Off-Street Parking Requirement: One space per 2000
square feet of gross floor area and 180 square feet per park-
ing space.
"vi. Air Rights: Air space shall be provided for an
elevated passageway between the north side and south side
of Baltimore Street. This passageway shall not be less than
16 feet above the paved surface of Baltimore Street, not more
than 22 feet wide, and not more than 21 feet high. It shall
be located on the area between Greene Street and the former
bed of Arch Street with provisions for placing the passage-
ways' supports within the right-of-way of Baltimore Street
between the curb line and the building line or right-of-way
line on either side.
"(b) Disposition Lot IB
A utility easement area on public educational land. De-
velopment is limited to access roadways, off-street parking
and landscaping."
ORDINANCES 579
8. On Page 5, under Section C.2.c.(2), entitled "Regula-
tions, Controls and Restrictions for Disposition Lots", change
the present subsection "(a)" to "(c)" and delete the refer-
ence to Disposition Lot "1", so that it now reads: "(c) Dispo-
sition Lots 2 and 3"; change the "Maximum Permitted
Coverage" under subsection ii., from "40%" to "55%".
9. On Pages 5 and 6, under Section C.2.c.(2), entitled
"Regulations, Controls and Restrictions for Disposition
Lots", change the present subsection "(b)" to "(d)" (page
5), and change the present subsection "(c)" to "(e)" (page
6).
10. On Page 6, Section D.l.a.(2), entitled "Public Facili-
ties and Improvements", add the following after the word
"Maryland" in the third line:
", and/or the development of a Veterans Administration
Hospital."
11. On Page 7, under Section D.2., entitled "Conserva-
tion", change the following:
a. Subsection D.2.a.(l) should read "(1) Setbacks, C.2.c.
(2)(c)iii."
b. Subsection D.2.a.(2) should read "(2) Building height,
C.2.c.(2)(c)iv."
c. Subsection D.2.b.(l) should read "(1) Setbacks, C.2.c.
(2)(c)iii."
d. Subsection D.2.b.(2) should read "(2) Building height,
C.2.c.(2)(c)iv."
Sec. 2. And be it further ordained, That in whatever
respect, if any, the amended Renewal Plan approved hereby
for the University of Maryland, Baltimore Campus, Project
No. II, may not meet the requirements as to the content of
a Renewal Plan or the procedures for the preparation,
adoption, and approval of Renewal Plans, as provided in
Ordinance No. 152, approved June 28, 1968, as amended to
date, the said requirements are hereby waived and the
amended Renewal Plan approved hereby is exempted there-
from.
580 ORDINANCES Ord. No. 780
Sec. 3. And be it further ordained, That in the event it be
judicially determined that any word, phrase, clause, sen-
tence, paragraph, section or part in or of this ordinance or
the application thereof to any person or circumstances is
invalid, the remaining provisions and the application of such
provisions to other persons or circumstances shall not be
affected thereby, the Mayor and City Council hereby declar-
ing that they would have ordained the remaining provisions
of this ordinance without the word, phrase, clause, sentence,
paragraph, section or part or the application thereof so held
invalid.
Sec. 4. And be it further ordained, That in any case where
a provision of this ordinance concerns the same subject
matter as an existing provision of any zoning, building,
electrical, plumbing, health, fire or safety ordinance or code
or regulation, the applicable provisions concerned shall be
construed so as to give effect to each; provided, however,
that if such provisions are found to be in irreconcilable con-
flict, the provision which establishes the higher standard for
the promotion of the public health and safety shall prevail.
In any case where a provision of this ordinance is found to
be in conflict with an existing provision of any other ordi-
nance or code or regulation in force in the City of Baltimore
which establishes a lower standard for the promotion and
protection of the public health and safety, the provision of
this ordinance shall prevail, and the other existing provision
of such other ordinance or code or regulation is hereby re-
pealed to the extent that it may be found in conflict with this
ordinance.
Sec. 5. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved June 16, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 780
(Council No. 1512)
An Ordinance to approve the Application of Northwest
Plaza Associates, owner of the property northwest of
ORDINANCES 581
the intersection of Northern Parkway and Wabash Ave-
nue, consisting of 24.20 acres more or less, to have said
property designated a Business Planned Development in
accordance with Sections 12.0-1 and 12.0-4 of Article 30
of the Baltimore City Code (1966 Edition) as amended by
Ordinance 1051, approved April 20, 1971, as amended;
and to approve the Development Plan submitted by
Northwest Plaza Associates, subject to the condition
CONDITIONS that the development of the drive-in res-
taurant shown on the Development Plan shall be sub-
stantially complete within one year AND IT WILL
MATCH THE BEIGE COLOR OF THE EXISTING
CENTER, ALL FREE STANDING SIGNS SHALL BE
APPROVED BY THE PLANNING COMMISSION,
AND MODIFICATIONS TO THE PLAN SHALL BE
MADE IN CONFORMITY WITH URBAN RENEWAL
PROCEDURE AND THE ZONING CODE.
Whereas, on March 16, 1978, Northwest Plaza Associates
met with the Department of Planning, of Baltimore City,
to hold a Pre-Petition Conference to explain the scope and
nature of existing and proposed development on the prop-
erty in order to institute proceedings to have said property
designated a Business Planned Development; and
Whereas, Northwest Plaza Associates hereby makes
formal application to the City Council of Baltimore City
and together herewith has submitted the requisite Devel-
opment Plan, including the following: Site plan, Drawing
DP-1, revised March 15, 1978 ; Grading Plan, Drawing GP-1,
revised March 15, 1978; Development Plan for Wendy's
Restaurant, revised March 10, 1978; Vestibule Plan for
Wendy's Restaurant, Drawing 4A, revised May 16, 1977;
Exterior Elevations for Wendy's Restaurant, Drawing 5,
revised May 16, 1977; and Sign Criteria, March 15, 1978,
intended to satisfy the requirements specified in Sections
12.0-1 and 12.0-4 of Article 30 of Baltimore City Code (1966
Edition) as amended by Ordinance 1051, approved April
20, 1971, as amended; and
Whereas, Northwest Plaza Associates in requesting the
introduction of this bill signifies its intention to implement,
institute and substantially complete the development of the
proposed drive-in restaurant in accordance with the De-
582 ORDINANCES Ord. No. 780
velopment Plan within one year from the passage of this
ordinance; now, therefore,
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the Application of Northwest Plaza
Associates, owner of the property northwest of the inter-
section of Northern Parkway and Wabash Avenue, con-
sisting of 23.88 acres, more or less, as outlined in the
Development Plan accompanying this ordinance, to desig-
nate said property as a business planned development pur-
suant to Article 30, Sections 12.0-1 and 12.0-4 of the Balti-
more City Code (1966 Edition), as amended by Ordinance
1051, approved April 20, 1971, as amended, be and it is
hereby approved.
Sec. 2. And be it further ordained, That the Development
Plan (as scheduled in the recital paragraph of this ordi-
nance) submitted by Northwest Plaza Associates, attached
hereto and made a part hereof, be and it is hereby approved.
Sec. 3. And be it further ordained, Except as provided
in Sections 4, 5 and 6 of this ordinance, that in accordance
with the provisions of Section 12.0-4(a), the following uses
are permitted within the Planned Business Development:
(a) all uses presently permitted in the B-l and B-2 districts
(Section 6.1-1 (b) and 6.2-1 (b)), and such additional uses
as shall in the future be permitted in the B-l and B-2 dis-
tricts, and (b) fire and police stations, pool halls and
billiard parlors, automobile accessory stores including re-
pair and installation, motor vehicle sales and service in-
cluding outdoor sales, restaurants and lunchrooms including
live entertainment and dancing, and union halls.
Sec. 4. And be it further ordained, That notwithstand-
ing the provisions of Section 3 of this ordinance, those
portions of the Planned Business Development shown on
the Development Plan as outdoor sales areas may continue
to be used for outdoor sales or may be improved for use
in accordance with Section 3 of this ordinance, and the
area shown on the Development Plan as an automobile
service station may continue to be used for that purpose
or improved for use in accordance with Section 3 of this
ordinance.
ORDINANCES 583
Sec. 5. And be it further ordained, That notwithstand-
ing the provisions of Section 3 of this ordinance, in
accordance with the provisions of Section 12.0-4 (a) (3),
permission is hereby granted for the establishment, main-
tenance and operation of a free standing structure for
drive-in sale of goods and services not larger than 6 feet x
12 feet as shown on the Development Plan.
Sec. 6. And be it further ordained, That in accordance
with Section 12.0-4 (a) 3, permission is hereby granted for
the establishment, maintenance and operation of a drive-in
restaurant as shown on the Development Plan, notwith-
standing the provisions of Section 3 of this Ordinance,
SUBJECT TO THE CONDITION THAT THE DRIVE-IN
RESTAURANT WILL MATCH AS CLOSELY AS POS-
SIBLE THE BEIGE COLOR OF THE EXISTING
CENTER.
Sec. 7. And be it futher ordained, That Northwest Plaza
Associates will use its best efforts to insure that all new
signs for all tenants of the Business Planned Development,
except to the extent otherwise provided by existing leases,
will be in accordance with the sign criteria, a copy of
which is appended to the Development Plan AND WILL
BE APPROVED BY THE PLANNING COMMISSION.
Sec. 8. And be it further ordained, That in addition to
existing signs, and in addition to signs shown on the site
plan for Wendy's Restaurant, a free standing double faced
sign, not exceeding 140 feet of surface area on each face,
and not exceeding 36 feet in height, shall be permitted on
Northern Parkway, provided that the design of such sign
shall be submitted for review to the Planning Commission,
and provided further that such sign shall not flash, blink
or rotate.
Sec. 9. And be it further ordained, That upon passage
of this Ordinance by the City Council, as evidence of the
authenticity of the Development Plan which is a part hereof
and in order to give notice to the departments which are
administering the zoning ordinance, the President of the
City Council shall sign the Development Plan, and when
the Mayor approves the ordinance, he shall sign the De-
584 ORDINANCES Ord. No. 781
velopment Plan. The City Treasurer shall then transmit a
copy of the ordinance and the Development Plan to the
Board of Municipal and Zoning Appeals, the Planning
Commission and the Zoning Administration.
Sec. 10. And be it further ordained, That this Ordinance
is passed on the condition that the Northwest Plaza As-
sociates shall implement or cause to be implemented, ex-
ecuted and substantially completed the development of the
proposed drive-in restaurant in accordance with the De-
velopment Plan within one year from the passage of this
ordinance; it being understood and agreed that the Planning
Department of the City of Baltimore shall seek performance
of Northwest Plaza Associates' undertakings hereunder.
SEC. 11. AND BE IT FURTHER ORDAINED, THAT
MODIFICATIONS TO THE DEVELOPMENT PLAN
WILL BE REVIEWED UNDER THE EXISTING URBAN
RENEWAL PROCESS AS WELL AS SECTION 12.0-1
OF THE ZONING CODE.
Sec. i4r 12. And be it further ordained, That this ordi-
nance shall take effect thirty (30) days from the date of its
passage.
Approved June 23, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 781
(Council No. 1576)
An Ordinance authorizing the Mayor and City Council of
Baltimore to sell at either public or private sale in ac-
cordance with Article V, Section 5(b) of the City Char-
ter, all of the interest of the Mayor and City Council of
Baltimore in and to that parcel of land known as surplus
fire station, 220-224 W. Saratoga Street, Block 578, Lot
9, Baltimore, Maryland, said property being no longer
needed for public use.
ORDINANCES 585
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the Comptroller of Baltimore City be and
he is hereby authorized to sell at either public or private
sale in accordance with Article V, Section 5(b) of the City
Charter, all of the interest of the Mayor and City Council
of Baltimore in and to that parcel of land situate in
Baltimore, Maryland, and described as follows:
BEGINNING for the same at the point formed by the
intersection of the north side of Saratoga Street, as now
laid out and the west side of Tyson Street, as now laid
out, said point of beginning being the beginning of the
parcel of land conveyed by Mary Luthardt to the Mayor
and City Council of Baltimore by deed dated September
19, 1902 and recorded among the Land Records of Balti-
more City in Liber R.O. No. 1978 Folio 125 and running
thence binding in part on the first line of the parcel of
land described in said deed, in part on the last line of the
parcel of land conveyed by Edmund Pendleton "et al" to
the Mayor and City Council of Baltimore by deed dated
September 11, 1902 and recorded among the said Land
Records in Liber R.O. No. 1978 Folio 132, and in all, on
the north side of said Saratoga Street, Westerly 50 feet
to the east side of a 12 foot alley, laid out 105 feet east of
Howard Street, as now laid out;
thence binding on the east side of said 12 foot alley and
on the first line of the parcel of land described in last said
deed, there situate, Northerly 80 feet; thence binding in
part on the second line of the parcel of land described in
last said deed, in part on the third line of the parcel of
land described in the deed mentioned firstly herein, and in
all, Easterly 50 feet to the west side of said Tyson Street
and thence binding on the west side of said Tyson Street
and on the last line of the parcel of land described in the
deed mentioned firstly herein, Southerly 80 feet to the
place of beginning. Containing 4,000 square feet, or 0.09
acre of land, more or less, and being Surplus Fire Station,
220-224 W. Saratoga Street, Block 578, Lot 9. Said prop-
erty being no longer needed for public use.
Sec. 2. Be it further ordained, That no deed or deeds
shall pass in accordance herewith until the same shall have
been first approved by the City Solicitor.
586 ORDINANCES Ord. No. 782
Sec. 3. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved June 23, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 782
(Council No. 1348)
An Ordinance granting permission to Allright Baltimore,
Inc. for the establishment, maintenance and operation of
an open area for the parking of motor vehicles on the
property known as 906 Morton Street, as outlined in red
on the plats accompanying this ordinance, under the
provisions of Section 9.0-3d of Article 30 of the Baltimore
City Code (1966 Edition), title "Zoning Ordinance,"
(Ordinance 1051, approved April 20, 1971) concern-
ing Parking lot districts.
SECTION 1. Be it ordained by the Mayor and City Council
of Baltimore, That permission be and the same is hereby
granted to Allright Baltimore, Inc. for the establishment,
maintenance and operation of an open area for the parking
of motor vehicles on the property known as 906 Morton
Street as outlined in red on the plats accompanying this
ordinance, under the provisions of Section 9.0-3d of Article
30 of the Baltimore City Code (1966 Edition) , title "Zoning
Ordinance," (Ordinance 1051, approved April 20, 1971)
concerning parking lot districts.
SEC. 2. And be it further ordained, That upon passage of
this ordinance by the City Council, as evidence of the
authenticity of the plat which is a part hereof and in order
to give notice to the departments which are administering
the Zoning Ordinance, the President of the City Council
shall sign the plat and, when the Mayor approves the ordi-
nance, he shall sign the plat. The City Treasurer shall then
transmit a copy of the ordinance and one of the plats to
the following: The Board of Municipal and Zoning Appeals,
ORDINANCES 587
the Planning Commission, the Commissioner of the Depart-
ment of Housing and Community Development, the Commis-
sioner of Transit and Traffic, and the Zoning Administrator.
Sec. 3. And be it further ordained, That the provisions
of the aforesaid Section 9.0-3d of Article 30 of the Balti-
more City Code (1966 Edition), title "Zoning Ordinance"
as enacted by Ordinance 1051, approved April 20, 1971,
shall be fully complied with.
Sec. 4. And be it further ordained, That this ordinance
shall take effect thirty days from the date of its passage.
Approved June 26, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 783
(Council No. 1411)
An Ordinance granting permission to the Alpha House
Foundation, Inc. for the establishment of a non-profit
home for the rehabilitation of non-bedridden alcoholic
persons on the property generally known as 309 Cathedral
Street, under the provisions of Sections 6.4-ld and
11.0-6-d of Article 30 of the Baltimore City Code (1966
Edition), title "Zoning," as ordained by Ordinance 1051,
approved April 20, 1971, subject to the condition of con-
tinuing certification by the State of Maryland Division
of Alcoholism Control.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That permission is hereby granted to Alpha
House Foundation, Inc., for the establishment of a non-
profit home for the rehabilitation of non-bedridden alco-
holic persons, on the property generally known as 309
Cathedral Street, under the provisions of Sections 6.4-ld
and 11.0-6d of Article 30 of the Baltimore City Code (1966
Edition), title "Zoning," as ordained by Ordinance 1051,
approved April 20, 1971, subject to the condition of con-
588 ORDINANCES Ord. No. 784
tinuing certification by the State of Maryland Division of
Alcoholism Control.
Sec. 2. And be it further ordained, That whenever the
continuous operation of such use has been discontinued for
a period of twelve (12) consecutive months, it shall not
be thereafter re-established unless a new ordinance is ap-
proved by the Mayor and City Council of Baltimore; and
that no advertising sign or device shall be displayed except
as permitted by the Zoning Code of Baltimore City.
Sec. 3. And be it further ordained, That this ordinance
shall take effect 30 days from the date of its passage.
Approved June 26, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 784
(Council No. 1599)
An Ordinance to authorize the Mayor and City Council of
Baltimore (pursuant to Chapter 72 of the Acts of the
General Assembly of Maryland of 1978), to issue and
sell its Certificates of Indebtedness to an amount not
exceeding six million dollars ($6,000,000.00), the pro-
ceeds derived from the sale of the same to be used for
the cost of issuance, including the expense of engraving,
printing, advertising, attorneys' fees, and all other inci-
dental expenses connected therewith, and the remainder
of such proceeds shall be used to make or contract to make
financial loans to any person or other legal entity to be
used for or in connection with the purchase, acquisition,
construction, erection, development, rehabilitation, reno-
vation, modernization or improvement of buildings or
structures, including any land necessary therefor, within
the boundaries of Baltimore City, which buildings or
structures are to be used or occupied for residential pur-
poses; to guarantee or insure financial loans made by
third parties to any person or other legal entity which
ORDINANCES 589
are to be used for or in connection with the purchase,
acquisition, construction, erection, development, rehabili-
tation, renovation, modernization, or improvement of
buildings or structures, including any land necessary
therefor, within the boundaries of Baltimore City, which
building's or structures are to be used or occupied for
residential purposes, and for doing any and all things
necessary, proper or expedient in connection with or per-
taining to any or all of the matters or things hereinbefore
mentioned; conferring and imposing upon the Commis-
sioners of Finance of Baltimore City certain powers and
duties; authorizing the submission of this Ordinance to
the legal voters of the City of Baltimore, for their ap-
proval or disapproval, at the general election to be held
in Baltimore City on Tuesday, the 7th day of November,
1978; providing that the financial loans made, guaranteed
or insured shall be self-supporting, and providing for
the expenditure of the proceeds of said Certificates of
Indebtedness in accordance with the provisions of the
Charter of the Mayor and City Council of Baltimore, and
by the municipal agency designated in the annual Ordi-
nance of Estimates of the Mayor and City Council of
Baltimore.
Whereas, by Chapter 72 of the Acts of the General As-
sembly of Maryland of 1978, the Mayor and City Council of
Baltimore is authorized to create a debt and to issue and
sell its certificates of indebtedness (hereinafter called
"bonds") as evidence thereof, to an amount not exceeding
Six Million Dollars ($6,000,000.00), in the manner and
upon the terms set forth in said Act, the proceeds thereof,
not exceeding the par value of said certificates of indebted-
ness, to be used for or in connection with making, guaran-
teeing, or insuring financial loans for the purchase, acquisi-
tion, construction, erection, rehabilitation, renovation, mod-
ernization or improvement of residential properties in
Baltimore City, as authorized by said Act; and
Whereas, Funds are now needed for said purposes;
therefore
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the Mayor and City Council of Balti-
590 ORDINANCES Ord. No. 784
more, acting by and through the Commissioners of Finance
of said municipality, be and it is hereby authorized and em-
powered to issue bonds of the Mayor and City Council of
Baltimore to an amount not exceeding Six Million Dollars
($6,000,000.00), from time to time, as the same may be
needed or required for the purposes hereinafter named and
said bonds shall be sold by said Commissioners of Finance
from time to time and at such times as shall be requisite,
and the proceeds derived from the sale of said bonds shall
be used for the purposes hereinafter named, provided that
this Ordinance shall not become effective unless it shall be
approved by a majority of the votes of the legal voters of
Baltimore City cast at the time and place hereinafter desig-
nated by this Ordinance.
SEC. 2. And be it further ordained, That:
(a) Said bonds shall be issued in denominations of not
less than One Thousand Dollars ($1,000.00) each, but may
be in sums of One Thousand Dollars ($1,000.00), or any
suitable multiple thereof.
(b) Said bonds, or any part thereof, shall be issued in
accordance with a serial maturity plan so worked out as to
discharge the entire principal amount represented thereby
within not more than forty (40) years from the date of
their issuance; provided, however, that it shall not be neces-
sary to provide for the maturity of any part of the principal
amount represented by any of said bonds for the first five
(5) years from the date of their issuance.
(c) Said bonds, when issued, shall bear interest at such
rate or rates as may be determined by a majority of the
Commissioners of Finance by resolution at such time or
times when any of said bonds are issued, and such interest
shall be payable semi-annually.
SEC. 3. And be it further ordained, That a majority of
the Commissioners of Finance of the Mayor and City Coun-
cil of Baltimore be, and they are hereby, authorized to pass
a resolution or resolutions, from time to time, to determine
and set forth any or all of the following:
(a) The amount of debt to be incurred by the Mayor
and City Council of Baltimore at any particular time, and
ORDINANCES 591
from time to time, under and pursuant to the provisions of
this ordinance; the date or dates when any bonds repre-
senting said debt, or any part thereof, are to mature, and
the amount or amounts of said debt, or any part thereof,
which shall mature upon the aforesaid date or dates; and
the semi-annual dates in each year, during the entire period
of time when any of said bonds are outstanding, when in-
terest on any of said bonds shall be payable.
(b) The form or forms of the bonds representing the
debt, or any part thereof, authorized to be issued under the
provisions of this ordinance at any particular time, in-
cluding any interest coupons to be attached thereto; the
provisions, if any, for the issuance of coupon bonds; the
provisions, if any, for the issuance of fully registered bonds;
the provisions, if any, for the registration as to principal
of any coupon bonds; and the provisions, if any, for the
conversion and reconversion into coupon bonds of any fully
registered bonds or coupon bonds registered as to principal;
the place or places for the payment of principal and interest
of said bonds; and the date of said bonds issued at any
particular time, and the right of redemption of said bonds
by the City prior to maturity; and
(c) The time, place, manner and medium of advertise-
ment of the readiness of the Commissioners of Finance,
acting for and on behalf of the Mayor and City Council of
Baltimore, to receive bids for the purchase of the bonds
authorized to be issued hereunder, or any part thereof;
the form, terms and conditions of such bids; the time, place
and manner of awarding bonds so bid for, including the
right whenever any of the bonds authorized by this Ordi-
nance are offered for sale and sold at the same time as other
bonds of said City, to establish the conditions for bids and
awards and to award all of said bonds on an all or none
basis; and the time, place, terms and manner of settlement
for the bonds so bid for.
Sec. 4. And be it further ordained, That: (a) All premi-
ums resulting from the sale of any of the bonds issued and
sold pursuant to the provisions of this Ordinance shall be
applied first to defray the cost of issuance thereof and the
balance, if any, shall be applied to the payment of interest
on any of said bonds becoming due and payable during the
592 ORDINANCES Ord. No. 784
fiscal year in which said bonds are issued and sold or during
the next succeeding fiscal year.
(b) The debt authorized by the provisions of this Ordi-
nance, and the bonds issued and sold pursuant thereto and
their transfer, and the principal and interest payable there-
on (including any profit made in the sale thereof), shall be
and remain exempt from any and all State, county and
municipal taxation in the State of Maryland.
(c) All bonds issued and sold pursuant to the provisions
of this Ordinance shall be sold at public sale to the highest
responsible bidder or bidders therefor after due notice of
such sale, but the Mayor and City Council of Baltimore,
acting by and through the Commissioners of Finance there-
of, shall have the right to reject any or all bids therefor for
any reason and thereafter reoffer such bonds at public sale
as aforesaid or at private sale, provided that if such bonds
be offered at private sale they shall be offered for sale and
sold for not less than par and accrued interest.
Sec. 5. And be it further ordained, That until all of the
interest on and principal of any bonds issued pursuant to
the provision of this Ordinance have been paid in full, the
Mayor and City Council of Baltimore shall levy and impose
an annual tax on each One Hundred Dollars ($100.00) of
assessable property in the City of Baltimore at a rate suf-
ficient to produce revenue to pay all interest on and prin-
cipal of all bonds theretofore issued and outstanding, pay-
able in the next succeeding year.
Sec. 6. And be it further ordained, That this Ordinance
shall be submitted to the legal voters of the City of Balti-
more, for their approval or disapproval, at the General
Election to be held in Baltimore City on Tuesday, the 7th
day of November, 1978.
Sec. 7. And be it further ordained, That prior to the date
of the election hereinbefore mentioned, notice shall be given
to the public of the amount of money which the Mayor and
City Council of Baltimore is authorized to borrow, and the
general purposes for which such borrowed funds may be
expended, under the terms and provisions of this Ordinance,
and the time when the election hereinbefore mentioned is
ORDINANCES 593
to be held; and such public notice shall be given in such
manner and by such means or through such media and at
such time or times as may be determined, from time to time,
by a majority of the Commissioners of Finance.
SEC. 8. And be it further ordained, That the actual cash
proceeds derived from the sale of the bonds authorized to
be issued under the provisions of this Ordinance, not ex-
ceeding the par value thereof, shall be used exclusively for
the following purposes, to wit:
(a) So much thereof as may be necessary, in addition
to the premiums realized from the sale, if any, for the cost
of issuance, including the expense of engraving, printing,
advertising, attorneys' fees, and all other incidental ex-
penses connected therewith; and
(b) The remainder of such proceeds to be used to make
or contract to make financial loans to any person or other
legal entity to be used for or in connection with the pur-
chase, acquisition, construction, erection, development, re-
habilitation, renovation, modernization or improvement of
buildings or structures, including any land necessary there-
for, within the boundaries of Baltimore City, which build-
ings or structures are to be used or occupied for residential
purposes; to guarantee or insure financial loans made by
third parties to any person or other legal entity which are
to be used for or in connection with the purchase, acquisi-
tion, construction, erection, development, rehabilitation,
renovation, modernization or improvement of buildings or
structures, including any land necessary therefor, within
the boundaries of Baltimore City, which buildings or struc-
tures are to be used or occupied for residential purposes,
and for doing any and all things necessary, proper or
expedient in connection with or pertaining to any or all of
the matters or things hereinbefore mentioned.
SEC. 9. And be it further ordained, That no part of the
proceeds of sale of the bonds hereby authorized to be issued
shall be expended until after the Commissioners of Finance
have determined, based upon such data as said Commis-
sioners of Finance shall require to be submitted to them to
enable them to make such determination, that any financial
594 ORDINANCES Ord. No. 784
loans made, guaranteed or insured from such proceeds,
shall, in fact, be self-supporting.
Sec. 10. And be it further ordained, That in case any
land or property now or hereafter owned by the Mayor and
City Council of Baltimore is sold by it to any legal entity
for the purpose of construction, erection or development of
buildings or structures, which buildings or structures are to
be used or occupied for residential purposes, then the pur-
chaser of said land or property shall pay to the municipality
at least an amount of money equal to the full appraised
value of said land or property, and in case any such land or
property is leased by the municipality to any legal entity
for any of the purposes hereinbefore mentioned, then the
lessee shall pay annually to the municipality an amount of
money equal to the reasonable rental value of said land or
property. In the event any such land or property is sold by
the municipality as aforesaid and such land or property is
then reconveyed back to the municipality as security for
any loan made by the municipality to the purchaser under
the provisions of this Ordinance, then such purchaser shall
pay annually to the municipality in lieu of taxes a tax
equivalent charge on such land or property on the basis of
the then prevailing tax assessment on the land and improve-
ments and calculated at the City and State tax rates then in
effect, in accordance with the policy of the Board of Esti-
mates of the municipality. All payments made in lieu of
taxes shall be made when real estate taxes of the munici-
pality ordinarily become due and payable.
Sec. 11. And be it further ordained, That the expenditure
of the proceeds derived from the sale of the bonds au-
thorized to be issued under the provisions of this Ordi-
nance shall be in accordance with the provisions of the
Charter of the Mayor and City Council of Baltimore, and by
the municipal agency designated in the annual Ordinance
of Estimates of the Mayor and City Council of Baltimore.
Approved June 26, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
ORDINANCES 595
No. 785
(Council No. 1600)
An Ordinance to authorize the Mayor and City Council of
Baltimore (pursuant to Chapter 73 of the Acts of the
General Assembly of Maryland of 1978), to issue its
Certificates of Indebtedness to an amount not exceeding
Five Million Six Hundred Thousand Dollars ($5,600,-
000.00), the proceeds of the same to be used for the cost
of issuance, including- the expense of engraving, printing,
advertising, attorneys' fees, and all other incidental ex-
penses connected therewith, and the remainder of such
proceeds shall be used for the purpose of extending, en-
larging, developing and improving the municipal water
supply and the water system of Baltimore City, includ-
ing, but not limited to, the construction, reconstruction
and extension of transmission conduits, tunnels, and
distribution mains, the increasing of the source or sources
of supply, the construction of additional storage reser-
voirs, additions to and extensions of existing reservoirs,
the construction of additional pumping stations, filter
basins or plants, additions to and extensions of existing
pumping stations, filter basins or plants, any or all of the
work to be done either within or outside of the boundary
lines of Baltimore City, and the doing of all things
necessary, proper or expedient to secure a full and ade-
quate supply of water for the City of Baltimore and its
inhabitants and such other persons or other legal en-
tities as may now or hereafter be lawfully furnished
water by the Mayor and City Council of Baltimore; to
confer and impose upon the Commissioners of Finance
of Baltimore City certain powers and duties; to author-
ize the submission of this Ordinance to the legal voters
of the City of Baltimore, for their approval or disap-
proval, at the General Election to be held in Baltimore
City on Tuesday, the 7th day of November, 1978, and
providing for the expenditure of the proceeds of sale of
said Certificates of Indebtedness in accordance with the
provisions of the Charter of the Mayor and City Council
of Baltimore, and by the municipal agency designated
in the annual Ordinance of Estimates of the Mayor and
City Council of Baltimore.
596 ORDINANCES Ord. No. 785
Whereas, by Chapter 73 of the Acts of the General
Assembly of Maryland of 1978, the Mayor and City Coun-
cil of Baltimore is authorized to create a debt, and to issue
and sell its certificates of indebtedness (hereinafter called
"bonds") as evidence thereof, to an amount not exceeding
Five Million Six Hundred Thousand Dollars ($5,600,000.00),
in the manner and upon the terms set forth in said Act,
the net proceeds derived from the sale of said bonds, not
exceeding the par value of said bonds, to be used for the
purpose of extending, enlarging, developing and improving
the municipal water supply and the water system of Balti-
more City, as authorized by said Act ; and
Whereas, funds are now needed for said purpose;
therefore
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the Mayor and City Council of Balti-
more, acting by and through the Commissioners of Finance
of said municipality, be and it is hereby authorized and
empowered to issue bonds of the Mayor and City Council
of Baltimore, to an amount not exceeding Five Million Six
Hundred Thousand Dollars ($5,600,000.00), from time to
time, as the same may be needed or required for the pur-
poses hereinafter named and said bonds shall be sold by
said Commissioners of Finance from time to time, and at
such times as shall be requisite, and the proceeds derived
from the sale of said bonds be used for the purposes here-
inafter named, provided that this Ordinance shall not be-
come effective unless it shall be approved by a majority of
the votes of the legal voters of Baltimore City cast at the
time and place hereinafter designated by this Ordinance.
Sec. 2. And be it further ordained, That said bonds shall
be issued in denominations of not less than One Thousand
Dollars ($1,000.00) each, but may be in sums of One
Thousand Dollars ($1,000.00), or any suitable multiple
thereof, to be redeemable in Twenty (20) yearly series on
the fifteenth day of October in each of the years and in
the amounts as set forth in the following schedule:
Each of the years Amount in each of
1983 through 2002 the Years
both inclusive $280,000.00
ORDINANCES 597
Said bonds, when issued, shall bear interest at such rate
or rates as may be determined by a majority of the Com-
missioners of Finance by resolution at such time or times
when any of said bonds are issued, the interest to be pay-
able semi-annually on the fifteenth day of April and the
fifteenth day of October, in each year after issuance, dur-
ing the respective periods that the series in which said
bonds are issued may run.
Sec. 3. And be it further ordamed, That a majority of
the Commissioners of Finance of the Mayor and City Coun-
cil of Baltimore be, and they are hereby authorized to pass
a resolution or resolutions, from time to time, to determine
and set forth any or all of the following:
(a) The form or forms of the bonds representing the
debt, or any part thereof, authorized to be issued under
the provisions of this Ordinance at any particular time,
including any interest coupons to be attached thereto; the
provisions, if any, for the issuance of coupon bonds; the
provisions, if any, for the issuance of fully registered
bonds; the provisions, if any, for the registration as to
principal of any coupon bonds; and the provisions, if any,
for the conversion and reconversion into coupon bonds of
any fully registered bonds or coupon bonds registered as
to principal; the place or places for the payment of prin-
cipal and interest of said bonds; and the date of said bonds
issued at any particular time; and the right of redemption
of said bonds by the City prior to maturity; and
(b) The time, place, manner and medium of advertise-
ment of the readiness of the Commissioners of Finance,
acting for and on behalf of the Mayor and City Council of
Baltimore, to receive bids for the purchase of bonds au-
thorized to be issued hereunder or any part thereof; the
form, terms and conditions of such bids; the time, place
and manner of awarding bonds so bid for, including the
right whenever any of the bonds authorized by this Ordi-
nance are offered for sale and sold at the same time as
other bonds of said corporation, to establish the conditions
for bids and awards and to award all of said bonds on an
all or none basis; and the time, place, terms and manner
of settlement for the bonds so bid for.
598 ORDINANCES Ord. No. 785
Sec. 4. And be it further ordained, That:
(a) All premiums resulting from the sale of any of
the bonds issued and sold pursuant to the provisions of
this Ordinance shall be applied first to defray the cost of
issuance thereof and the balance, if any, shall be applied
to the payment of interest on any of said bonds becoming
due and payable during the fiscal year in which said bonds
are issued and sold or during the next succeeding fiscal
year.
(b) The debt authorized by the provisions of this
Ordinance, and the bonds issued and sold pursuant thereto
and their transfer, and the principal and interest payable
thereon, (including any profit made in the sale thereof),
shall be and remain exempt from any and all State, county
and municipal taxation in the State of Maryland.
(c) All bonds issued and sold pursuant to the provi-
sions of this Ordinance shall be sold at public sale to the
highest responsible bidder or bidders therefor after due
notice of such sale, but the Mayor and City Council of
Baltimore, acting by and through the Commissioners of
Finance thereof, shall have the right to reject any or all
bids therefor for any reason, and thereafter reoffer such
bonds at public sale as aforesaid or at private sale, provided
that if such bonds be offered at private sale they shall
be offered for sale and sold for not less than par and ac-
crued interest.
Sec. 5. And be it further ordained, That until all of the
interest on and principal of any bonds issued pursuant to
the provisions of this Ordinance have been paid in full, the
Mayor and City Council of Baltimore shall levy and impose
an annual tax on each One Hundred Dollars ($100.00) of
assessable property in the City of Baltimore at a rate
sufficient to produce revenue to pay all interest on and prin-
cipal of all bonds theretofore issued and outstanding or au-
thorized to be issued and outstanding, payable in the next
succeeding year.
Sec. 6. And be it further ordained, That this Ordinance
shall be submitted to the legal voters of the City of Balti-
more, for their approval or disapproval, at the General
ORDINANCES 599
Election to be held in Baltimore City on Tuesday, the 7th
day of November, 1978.
Sec. 7. And be it further ordained, That prior to the
date of the election hereinbefore mentioned, notice shall be
given to the public of the amount of money which the
Mayor and City Council of Baltimore is authorized to
borrow, and the general purposes for which such borrowed
funds may be expended, under the terms and provisions of
this Ordinance, and the time when the election hereinbe-
fore mentioned is to be held; and such public notice shall
be given in such manner and by such means or through
such media and at such time or times as may be deter-
mined, from time to time, by a majority of the Commis-
sioners of Finance.
Sec. 8. And be it further ordained, That the actual cash
proceeds derived from the sale of the bonds authorized to
be issued under the provisions of this Ordinance, not ex-
ceeding the par value thereof, shall be used exclusively for
the following purposes, to wit :
(a) So much thereof as may be necessary, in addi-
tion to the premiums realized from the sale, if any, for the
cost of issuance, including the expense of engraving, print-
ing, advertising, attorneys' fees, and all other incidental
expenses connected therewith ; and
(b) The remainder of such proceeds shall be used for
the purpose of extending, enlarging, developing and im-
proving the municipal water supply and the water system
of Baltimore City, including, but not limited to, the con-
struction, reconstruction and extension of transmission
conduits, tunnels, and distribution mains, the increasing
of the source or sources of supply, the construction of ad-
ditional storage reservoirs, additions to and extensions of
existing reservoirs, the construction of additional pumping
stations, filter basins or plants, additions to and extensions
of existing pumping stations, filter basins or plants, any or
all of the work to be done either within or outside of the
boundary lines of Baltimore City, and the doing of all
things necessary, proper or expedient to secure a full and
adequate supply of water for the City of Baltimore and its
inhabitants and such other persons or other legal entities
600 ORDINANCES Ord. No. 786
as may now or hereafter be lawfully furnished water by
the Mayor and City Council of Baltimore.
Sec. 9. And be it further ordained, That the expenditure
of the proceeds derived from the sale of the bonds author-
ized to be issued under the provisions of this Ordinance
shall be in accordance with the provisions of the Charter
of the Mayor and City Council of Baltimore, and by the
municipal agency designated in the annual Ordinance of
Estimates of the Mayor and City Council of Baltimore.
Approved June 26, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 786
(Council No. 1601)
An Ordinance to authorize the Mayor and City Council of
Baltimore (pursuant to Chapter 74 of the Acts of the
General Assembly of Maryland of 1978), to issue and
sell its Certificates of Indebtedness to an amount not
exceeding Four Million Six Hundred Thousand Dollars
($4,600,000.00), the proceeds derived from the sale of
the same to be used for the cost of issuance, including
the expense of engraving, printing, advertising, attor-
neys' fees, and other incidental expenses connected there-
with, and the remainder of such proceeds shall be used
for the purpose of enlarging, extending, altering, mod-
ernizing, and improving the sanitary sewerage, storm
water drainage, and stream valley systems of Baltimore
City, including, but not limited to, the construction of
additional sewage disposal plants, pumping stations and
other appurtenances, the alteration, enlargement, mod-
ernization and improvement of existing sewage disposal
plants, pumping stations and other appurtenances, and
the acquisition by purchase or condemnation of any and
all sanitary and storm water sewers, sewage disposal
plants, pumping stations and other appurtenances, as
well as of any and all land and property, and of any
right, interest, franchise, easement or privilege therein,
ORDINANCES 601
as may be necessary for any or all of the above men-
tioned purposes, and doing any and all things necessary,
proper or expedient in connection with or pertaining to
any or all of the matters or things hereinbefore men-
tioned; and any or all of said work or acquisition of
property may be done either within or outside of the
boundary lines of Baltimore City; providing, however,
that no part of such proceeds shall be used to pay costs
not directly related to and required for the acquisition,
construction or completion of a specific physical improve-
ment and the initial equipping thereof; it being the in-
tent of this provision to limit the use of such proceeds
to capital expenditures and to prohibit their use for cur-
rent expenses of the City ; conferring and imposing upon
the Commissioners of Finance of Baltimore City certain
powers and duties; authorizing the submission of this
ordinance to the legal voters of the City of Baltimore,
for their approval or disapproval, at the General Election
to be held in Baltimore City on Tuesday, the 7th day of
November, 1978; and providing for the expenditure of
the proceeds of sale of said certificates of indebtedness
in accordance with the provisions of the Charter of the
Mayor and City Council of Baltimore, and by the munici-
pal agency designated in the annual Ordinance of Esti-
mates of the Mayor and City Council of Baltimore.
Whereas, by Chapter 74 of the Acts of the General
Assembly of Maryland of 1978, the Mayor and City Council
of Baltimore is authorized to create a debt and to issue
and sell its certificates of indebtedness (hereinafter called
"bonds") as evidence thereof, to an amount not exceeding
Four Million Six Hundred Thousand Dollars ($4,600,000.00)
in the manner and upon the terms as set forth in said Act,
the net proceeds derived from the sale of said bonds, not
exceeding the par value of said bonds, to be used for and
in connection with the sanitary sewerage and storm water
drainage system of Baltimore City as authorized by said
Act; and
Whereas, Funds are now needed for said purposes;
therefore
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the Mayor and City Council of Balti-
(302 ORDINANCES Ord. No. 786
more, acting by and through the Commissioners of Finance
of said municipality, be and it is hereby authorized and
empowered to issue bonds of the Mayor and City Council
of Baltimore to an amount not exceeding Four Million
Six Hundred Thousand Dollars ($4,600,000.00), from time
to time, as the same may be needed or required for the
purposes hereinafter named and said bonds shall be sold
by said Commissioners of Finance from time to time and
at such times as shall be requisite, and the proceeds de-
rived from the said bonds shall be used for the purposes
hereinafter named, provided that this Ordinance shall not
become effective unless it shall be approved by the ma-
jority of the votes of the legal voters of Baltimore City
cast at the time and place hereinafter designated by this
Ordinance.
Sec. 2. And be it further ordained, That said bonds shall
be issued in denominations of not less than One Thousand
Dollars ($1,000.00) each, but may be in sums of One
Thousand Dollars ($1,000.00) or any suitable multiple
thereof, to be redeemable in twenty (20) yearly series on
the fifteenth day of October, in each of the years and in
the amounts as set forth in the following schedule:
EACH OF THE YEARS AMOUNT IN
1982 through 2001 EACH OF THE YEARS
both inclusive $230,000.00
Said bonds, when issued, shall bear interest at such rate
or rates as may be determined by a majority of the Com-
missioners of Finance by resolution at such time or times
when any of the said bonds are issued, the interest to be
payable semi-annually on the fifteenth day of April and
the fifteenth day of October in each year after issuance,
during the respective periods that the series in which said
bonds are issued may run.
Sec. 3. And be it further ordained, That a majority of
the Commissioners of Finance of the Mayor and City Coun-
cil of Baltimore be, and they are hereby, authorized to pass
a resolution or resolutions, from time to time, to determine
and set forth any or all of the following :
(a) The form or forms of the bonds representing the
debt, or any part thereof, authorized to be issued under
ORDINANCES 603
the provisions of this Ordinance at any particular time,
including any interest coupons to be attached thereto; the
provisions, if any, for the issuance of coupon bonds; the
provisions, if any, for the issuance of fully registered
bonds; the provisions, if any, for the registration as to
principal of any coupon bonds; and the provisions, if any,
for the conversion and reconversion into coupon bonds of
any fully registered bonds or coupon bonds registered as to
principal; the place or places for the payment of principal
and interest of said bonds issued at any particular time
and the right of redemption of said bonds by the City prior
to maturity; and
(b) The time, place, manner and medium of advertise-
ment of the readiness of the Commissioners of Finance,
acting for and on behalf of the Mayor and City Council
of Baltimore, to receive bids for the purchase of the bonds
authorized to be issued hereunder, or any part thereof;
the form, terms and conditions of such bids; the time, place
and manner of awarding bonds so bid for, including the
right whenever any of the bonds authorized by this Ordi-
nance are offered for sale and sold at the same time as
other bonds of said corporation, to establish the conditions
for bids and awards and to award all of said bonds on an
all or none basis; and the time, place, terms and manner
of settlement for the bonds so bid for.
Sec. 4. And be it further ordained, That: (a) All pre-
miums resulting from the sale of any of the bonds issued
and sold pursuant to the provisions of this Ordinance shall
be applied first to defray the cost of issuance thereof and
the balance, if any, shall be applied to the payment of in-
terest on any of said bonds becoming due and payable dur-
ing the fiscal year in which said bonds are issued and sold or
during the next succeeding fiscal year.
(b) The debt authorized by the provisions of this Ordi-
nance, and the bonds issued and sold pursuant thereto
and their transfer, and the principal and interest payable
thereon (including any profit made in the sale thereof),
shall be and remain exempt from any and all State, county
and municipal taxation in the State of Maryland.
(c) All bonds issued and sold pursuant to the provi-
sions of this Ordinance shall be sold at public sale to the
604 ORDINANCES Ord. No. 786
highest responsible bidder or bidders therefor after due
notice of such sale, but the Mayor and City Council of Bal-
timore, acting by and through the Commissioners of Fi-
nance thereof, shall have the right to reject any or all bids
therefor for any reason, and thereafter reoffer such bonds
at public sale as aforesaid or at private sale, provided that
if such bonds be offered at private sale they shall be offered
for sale and sold for not less than par and accrued interest.
SEC. 5. And be it further ordained, That until all of the
interest on and principal of any bonds issued pursuant to
the provisions of this Ordinance have been paid in full the
Mayor and City Council of Baltimore shall levy and impose
an annual tax on each One Hundred Dollars ($100.00) of
assessable property in the City of Baltimore at a rate suf-
ficient to produce revenue to pay all interest on and prin-
cipal of all bonds theretofore issued and outstanding or
authorized to be issued and outstanding, payable in the next
succeeding year.
SEC. 6. And be it further ordained, That this Ordinance
shall be submitted to the legal voters of the City of Balti-
more, for their approval or disapproval at the General
Election to be held in Baltimore City, on Tuesday, the 7th
day of November, 1978.
SEC. 7. And be it further ordained, That prior to the date
of the election hereinbefore mentioned, notice shall be given
to the public of the amount of money which the Mayor and
City Council of Baltimore is authorized to borrow, and the
general purposes for which such borrowed funds may be
expended, under the terms and provisions of this Ordinance,
and the time when the election hereinbefore mentioned is
to be held; and such public notice shall be given in such
manner and by such means or through such media and at
such time or times as may be determined, from time to
time, by a majority of the Commissioners of Finance.
Sec. 8. And be it further ordained, That the actual cash
proceeds derived from the sale of the bonds authorized to be
issued under the provisions of this Ordinance, not exceeding
the par value thereof, shall be used exclusively for the fol-
lowing purposes, to wit:
ORDINANCES 605
(a) So much thereof as may be necessary in addition to
the premiums realized from the sale, if any, for the cost of
issuance, including the expense of engraving, printing, ad-
vertising, attorneys' fees and all other incidental expenses
connected therewith; and
(b) The remainder of such proceeds shall be used for
the purpose of enlarging, extending, altering, modernizing,
and improving the sanitary sewerage, storm water drain-
age, and stream valley systems of Baltimore City, including,
but not limited to, the construction of additional sewage
disposal plants, pumping stations and other appurtenances,
the alteration, enlargement, modernization and improve-
ment of existing sewage disposal plants, pumping stations
and other appurtenances, and the acquisition by purchase
or condemnation of any and all sanitary and storm water
sewers, sewage disposal plants, pumping stations and other
appurtenances, as well as of any and all land and property,
and of any right, interest, franchise, easement or privilege
therein, as may be necessary for any or all of the above
mentioned purposes, and doing any and all things neces-
sary, proper or expedient in connection with or pertaining
to any or all of the matters or things hereinbefore men-
tioned, and any or all of said work or acquisition of prop-
erty may be done either within or outside of the boundary
lines of Baltimore City; providing, however, that no part of
such proceeds shall be used to pay costs not directly related
to and required for the acquisition, construction or com-
pletion of a specific physical improvement and the initial
equipping thereof; it being the intent of this provision to
limit the use of such proceeds to capital expenditures and
to prohibit their use for current expenses of the City.
Sec. 9. And be it further ordained, That the expenditure
of the proceeds derived from the sale of the bonds au-
thorized to be issued under the provisions of this Ordinance
shall be in accordance with the provisions of the Charter of
the Mayor and City Council of Baltimore, and by the mu-
nicipal agency designated by the annual Ordinance of
Estimates of the Mayor and City Council of Baltimore.
Approved June 26, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
606 ORDINANCES Ord. No. 787
No. 787
(Council No. 1602)
An Ordinance to authorize the Mayor and City Council of
Baltimore (pursuant to Chapter 75 of the Acts of the
General Assembly of Maryland of 1978), to issue and
sell its certificates of indebtedness to an amount not ex-
ceeding One Million Seven Hundred Fifty Thousand
Dollars ($1,750,000.00), the proceeds derived from the
sale of the same to be used for the cost of issuance, in-
cluding the expense of engraving, printing, advertising,
attorneys' fees, and all other incidental expenses con-
nected therewith, and the remainder of such proceeds
shall be used for the acquisition, by purchase, condemna-
tion or any other legal means, of land or property, or any
rights therein, in the City of Baltimore, and constructing
and erecting on said land or property, or on any land or
property now or hereafter owned or controlled by the
Mayor and City Council of Baltimore, new Baltimore
Museum of Art buildings, structures and other auxiliary
facilities, and for additions and improvements to, or the
reconstruction of, existing Baltimore Museum of Art
buildings, structures or facilities, and for the reconstruc-
tion, renovation, modernization or improvement of any
buildings, structures or facilities now or hereafter owned
or controlled by the Mayor and City Council of Baltimore
and to be used to house the functions or activities of
Baltimore Museum of Art, including, but not limited to,
landscaping, lighting, parking, grading and paving, and
for the purchase, acquisition, installation and erection of
any and all kinds of furniture and equipment for any and
all of the new facilities authorized to be constructed,
erected or acquired by the provisions hereof, and for the
purchase, acquisition, installation and erection, of any
and all kinds of museum or auxiliary equipment for the
Baltimore Museum of Art or for alterations to, or the
replacement of, any such existing equipment now being
used by, or in connection with, the Baltimore Museum of
Art; and for doing any and all things necessary, proper or
expedient in connection with or pertaining to any or all
of the matters or things hereinbefore mentioned, in-
cluding, but not limited to, the costs and expenses of
ORDINANCES 607
securing administrative, appraisal, economic analysis,
engineering, planning, designing, architectural, sur-
veying, and other professional services; to confer and
impose upon the Commissioners of Finance of Baltimore
City certain powers and duties; to authorize the sub-
mission of this Ordinance to the legal voters of the City
of Baltimore, for their approval or disapproval, at the
General Election to be held in Baltimore City on Tues-
day, the 7th day of November, 1978, and providing for
the expenditure of the proceeds of sale of said certificates
of indebtedness in accordance with the provisions of the
Charter of the Mayor and City Council of Baltimore, and
by the municipal agency designated in the annual Ordi-
nance of Estimates of the Mayor and City Council of
Baltimore.
Whereas, by Chapter 75 of the Acts of the General As-
sembly of Maryland of 1978, the Mayor and City Council
of Baltimore is authorized to create a debt, and to issue and
sell its certificates of indebtedness (hereinafter called
"bonds") as evidence thereof, to an amount not exceeding
One Million Seven Hundred Fifty Thousand Dollars
($1,750,000.00) in the manner and upon the terms set forth
in said Act, the net cash proceeds derived from the sale of
said bonds, not exceeding the par value of said bonds, to be
used for improving, modernizing, renovating, reconstruct-
ing, furnishing and equipping the Baltimore Museum of
Art as authorized by said Act; and
Whereas, Funds are now needed for said purposes;
therefore
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the Mayor and City Council of Balti-
more, acting by and through the Commissioners of Finance
of said municipality, be and it is hereby authorized and
empowered to issue bonds of the Mayor and City Council of
Baltimore to an amount not exceeding One Million Seven
Hundred Fifty Thousand Dollars ($1,750,000.00), from
time to time, as the same may be needed or required for
the purposes hereinafter named and said bonds shall be sold
by said Commissioners of Finance from time to time and
at such times as shall be requisite, and the proceeds derived
608 ORDINANCES Ord. No. 787
from the sale of said bonds shall be used for the purposes
hereinafter named, provided that this Ordinance shall not
become effective unless it shall be approved by a majority
of the votes of the legal voters of Baltimore City cast at
the time and place hereinafter designated by this Ordinance.
Sec. 2. And be it further ordained, That said bonds shall
be issued in denominations of not less than One Thousand
Dollars ($1,000.00) each, but may be in sums of One Thou-
sand Dollars ($1,000.00) or any suitable multiple thereof,
to be redeemable in ten (10) yearly series on the fifteenth
day of October in each of the years and in the amounts as
set forth in the following schedule:
Each of the Years Amount in Each
1983 through 1992 of the Years
both inclusive $175,000
Said bonds, when issued, shall bear interest at such rate
or rates as may be determined by a majority of the Com-
missioners of Finance by resolution at such time or times
when any of said bonds are issued, the interest to be pay-
able semi-annually on the fifteenth day of April and the
fifteenth day of October in each year after issuance, during
the respective periods that the series in which said bonds
are issued may run.
Sec. 3. And be it further ordained, That a majority of the
Commissioners of Finance of the Mayor and City Council
of Baltimore be, and they are hereby, authorized to pass a
resolution or resolutions, from time to time, to determine
and set forth any or all of the following:
(a) The form or forms of the bonds representing the
debt, or any part thereof, authorized to be issued under the
provisions of this Ordinance at any particular time, in-
cluding any interest coupons to be attached thereto; the
provisions, if any, for the issuance of coupon bonds; the
provisions, if any, for the issuance of fully registered bonds;
the provisions, if any, for the registration as to principal of
any coupon bonds; and the provisions, if any, for the con-
version and reconversion into coupon bonds of any fully
registered bonds or coupon bonds registered as to principal;
the place or places for the payment of principal and interest
ORDINANCES 609
of said bonds; and the date of said bonds issued at any par-
ticular time and the right of redemption of said bonds by
the City prior to maturity; and
(b) The time, place, manner and medium of advertise-
ment of the readiness of the Commissioners of Finance,
acting for and on behalf of the Mayor and City Council of
Baltimore, to receive bids for the purchase of the bonds
authorized to be issued hereunder, or any part thereof; the
form, terms and conditions of such bids; the time, place and
manner of awarding bonds so bid for, including the right
whenever any of the bonds authorized by this Ordinance
are offered for sale and sold at the same time as other bonds
of said corporation, to establish the conditions for bids and
awards and to award all of said bonds on an all or none
basis; and the time, place, terms and manner of settlement
for the bonds so bid for.
Sec. 4. And be it further ordained, That: (a) All premi-
ums resulting from the sale of any of the bonds issued and
sold pursuant to the provisions of this Ordinance shall be
applied first to defray the cost of issuance thereof and the
balance, if any, shall be applied to the payment of interest
on any of said bonds becoming due and payable during the
fiscal year in which said bonds are issued and sold or during
the next succeeding fiscal year.
(b) The debt authorized by the provisions of this Ordi-
nance, and the bonds issued and sold pursuant thereto and
their transfer, and the principal and interest payable
thereon (including any profit made in the sale thereof),
shall be and remain exempt from any and all State, county
and municipal taxation in the State of Maryland.
(c) All bonds issued and sold pursuant to the pro-
visions of this Ordinance shall be sold at public sale to the
highest responsible bidder or bidders therefor after due
notice of such sale, but the Mayor and City Council of Balti-
more, acting by and through the Commissioners of Finance
thereof, shall have the right to reject any or all bids
therefor for any reason, and thereafter reoffer such bonds
at public sale as aforesaid or at private sale, provided that
if such bonds be offered at private sale they shall be offered
for sale and sold for not less than par and accrued interest.
610 ORDINANCES Ord. No. 787
Sec. 5. And be it further ordained, That until all of the
interest on and principal of any bonds issued pursuant to
the provisions of this Ordinance have been paid in full, the
Mayor and City Council of Baltimore shall levy and impose
an annual tax on each One Hundred Dollars ($100.00) of
assessable property in the City of Baltimore at a rate suffi-
cient to produce revenue to pay all interest on and princi-
pal of all bonds theretofore issued and outstanding or au-
thorized to be issued and outstanding, payable in the next
succeeding year.
Sec. 6. And be it further ordained, That this Ordinance
shall be submitted to the legal voters of the City of Balti-
more, for their approval or disapproval, at the General
Election to be held in Baltimore City, on Tuesday, the 7th
day of November, 1978.
Sec. 7. And be it further ordained, That prior to the date
of the election hereinbefore mentioned, notice shall be given
to the public of the amount of money which the Mayor and
City Council of Baltimore is authorized to borrow, and the
general purposes for which such borrowed funds may be
expended, under the terms and provisions of this Ordinance,
and the time when the election hereinbefore mentioned is
to be held; and such public notice shall be given in such
manner and by such means or through such media and at
such time or times as may be determined, from time to
time, by a majority of the Commissioners of Finance.
Sec. 8. And be it further ordained, That the actual cash
proceeds derived from the sale of the bonds authorized to
be issued under the provisions of this Ordinance, not ex-
ceeding the par value thereof, shall be used exclusively for
the following purposes, to wit:
(a) So much thereof as may be necessary in addition
to the premiums realized from the sale, if any, for the cost
of issuance, including the expense of engraving, printing,
advertising, attorneys' fees, and all other incidental ex-
penses connected therewith ; and
(b) The remainder of the proceeds shall be used for the
acquisition, by purchase, condemnation or any other legal
ORDINANCES 611
means, of land or property, or any rights therein, in the
City of Baltimore, and constructing and erecting on said
land or property, or on any land or property now or here-
after owned or controlled by the Mayor and City Council
of Baltimore, new Baltimore Museum of Art Buildings,
structures and other auxiliary facilities, and for additions
and improvements to, or the reconstruction of, existing
Baltimore Museum of Art Buildings, structures or facilities,
and for the reconstruction, renovation, modernization or
improvement of any buildings, structures or facilities now
or hereafter owned or controlled by the Mayor and City
Council of Baltimore and to be used to house the functions
or activities of the Baltimore Museum of Art, including,
but not limited to, landscaping, lighting, parking, grading
and paving, and for the purchase, acquisition, installation
and erection of any and all kinds of furniture and equip-
ment for any and all of the new facilities authorized to be
constructed, erected or acquired by the provisions hereof,
and for the purchase, acquisition, installation and erection
of any and all kinds of museum or auxiliary equipment for
the Baltimore Museum of Art or for alterations to, or the
replacement of, any such existing equipment now being
used by, or in connection with, the Baltimore Museum of
Art; and for doing any and all things necessary, proper or
expedient in connection with or pertaining to any or all of
the matters or things hereinbefore mentioned, including,
but not limited to, the costs and expenses of securing ad-
ministrative, appraisal, economic analysis, engineering,
planning, designing, architectural, surveying, and other pro-
fessional services.
Sec. 9. And be it further ordained, That the expenditure
of the proceeds derived from the sale of the bonds author-
ized to be issued under the provisions of this Ordinance
shall be in accordance with the provisions of the Charter of
the Mayor and City Council of Baltimore, and by the mu-
nicipal agency designated in the annual Ordinance of Esti-
mates of the Mayor and City Council of Baltimore.
Approved June 26, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
612 ORDINANCES Ord. No. 788
No. 788
(Council No. 1603)
An Ordinance to authorize the Mayor and City Council
of Baltimore (pursuant to Chapter 76 of the Acts of the
General Assembly of Maryland of 1978), to issue and
sell its Certificates of Indebtedness to an amount not ex-
ceeding Seven Million Five Hundred Thousand Dollars
($7,500,000.00) the proceeds derived from the sale of
the same to be used for the cost of issuance, including
the expense of engraving, printing, advertising, attor-
neys' fees, and all other incidental expenses connected
therewith, and the remainder of such proceeds shall be
used for or in connection with planning, developing, exe-
cuting and making operative the community develop-
ment program of the Mayor and City Council of Balti-
more, including, but not limited to, the acquisition, by
purchase, lease, condemnation or any other legal means,
of land or property, or any right, interest, franchise,
easement or privilege therein, in the City of Baltimore;
the payment of any and all costs and expenses incurred
in connection with or incidental to the acquisition and
management of said land or property, including any and
all rights or interests therein hereinbefore mentioned;
the payment of any and all costs and expenses incurred
for or in connection with relocating and moving persons
or other legal entities displaced by the acquisition of
said land or property, or any of the rights or interests
therein hereinbefore mentioned; the development or re-
development, including, but not limited to, the compre-
hensive renovation or rehabilitation of any land or prop-
erty, or any rights or interests therein hereinbefore men-
tioned, in the City of Baltimore, and the disposition of
land and property for such purposes; the elimination of
unhealthful, unsanitary or unsafe conditions, lessening
density, eliminating obsolete or other uses detrimental
to the public welfare or otherwise removing or prevent-
ing the spread of blight or deterioration in the City of
Baltimore; the demolition, removal, relocation, renova-
tion or alteration of land, buildings, streets, highways,
alleys, utilities or services, and other structures or im-
provements, and for the construction, reconstruction,
installation, relocation or repair of buildings, streets,
ORDINANCES 613
highways, alleys, utilities or services, and other struc-
tures or improvements ; the payment of any and all costs
and expenses incurred for or in connection with doing
any or all of the things herein mentioned, including, but
not limited to, the costs and expenses of securing ad-
ministrative, appraisal, economic analysis, engineering,
planning, designing, architectural, surveying, and other
professional services ; and doing any and all things neces-
sary, proper or expedient in connection with or pertain-
ing to any or all of the matters or things hereinbefore
mentioned; conferring and imposing upon the Commis-
sioners of Finance of Baltimore City certain powers and
duties; authorizing the submission of this Ordinance to
the legal voters of the City of Baltimore, for their ap-
proval or disapproval, at the General Election to be held
in Baltimore City on Tuesday, the 7th day of November,
1978 and providing for the expenditure of the proceeds
of sale of said Certificates of Indebtedness in accordance
with the provisions of the Charter of the Mayor and
City Council of Baltimore, and by the municipal agency
designated in the annual Ordinance of Estimates of the
Mayor and City Council of Baltimore.
Whereas, by Chapter 76 of the Acts of the General
Assembly of Maryland of 1978 the Mayor and City Council
of Baltimore is authorized to create a debt and to issue
and sell its certificates of indebtedness (hereinafter called
"bonds") as evidence thereof, to an amount not exceeding
Seven Million Five Hundred Thousand Dollars ($7,500,-
000.00) in the manner and upon the terms set forth in said
Act, the proceeds thereof, not exceeding the par value of
said certificates of indebtedness, to be used for or in con-
nection with the Community Development Program of the
City of Baltimore ; and
Whereas, Funds are now needed for said purposes;
therefore
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the Mayor and City Council of Balti-
more, acting by and through the Commissioners of Finance
of said municipality, be and it is hereby authorized and
empowered to issue bonds of the Mayor and City Council
614 ORDINANCES Ord. No. 788
of Baltimore to an amount not exceeding- Seven Million
Five Hundred Thousand Dollars ($7,500,000.00), from time
time, as the same may be needed or required for the pur-
poses hereinafter named and said bonds shall be sold by
said Commissioners of Finance from time to time and at
such times as shall be requisite, and the proceeds derived
from the sale of said bonds shall be used for the purposes
hereinafter named, provided that this Ordinance shall not
become effective unless it shall be approved by a majority
of the votes of the legal voters of Baltimore City cast at
the time and place hereinafter designated by this Ordinance.
Sec. 2. And be it further ordained, That said bonds
shall be issued in denominations of not less than One
Thousand Dollars ($1,000.00) each, but may be in sums
of One Thousand Dollars ($1,000.00) or any suitable
multiple thereof, to be redeemable in Twenty (20) yearly
series on the fifteenth day of October in each of the years
and in the amounts as set forth in the following" schedule:
Each of the Years Amount in each
1983 through 2002 of the years
both inclusive $375,000.00
Said bonds, when issued, shall bear interest at such rate
or rates as may be determined by a majority of the Com-
missioners of Finance by resolution at such time or times
when any of said bonds are issued, the interest to be pay-
able semi-annually on the fifteenth day of April and the
fifteenth day of October in each year after issuance, during
the respective periods that the series in which said bonds
are issued may run.
Sec. 3. And be it further ordained, That a majority of
the Commissioners of Finance of the Mayor and City Coun-
cil of Baltimore be, and they are hereby, authorized to
pass a resolution or resolutions, from time to time, to de-
termine and set forth any or all of the following:
(a) The form or forms of the bonds representing the
debt, or any part thereof, authorized to be issued under
the provisions of this Ordinance at any particular time,
including any interest coupons to be attached thereto; the
provisions, if any, for the issuance of coupon bonds; the
ORDINANCES 615
provisions, if any, for the issuance of fully registered
bonds; the provisions, if any, for the registration as to
principal of any coupon bonds; and the provisions, if any,
for the conversion and reconversion into coupon bonds of
any fully registered bonds or coupon bonds registered as to
principal; the place or places for the payment of principal
and interest of said bonds; and the date of said bonds
issued at any particular time, and the right of redemption
of said bonds by the City prior to maturity; and
(b) The time, place, manner and medium of advertise-
ment of the readiness of the Commissioners of Finance,
acting for and on behalf of the Mayor and City Council
of Baltimore, to receive bids for the purchase of the bonds
authorized to be issued hereunder, or any part thereof;
the form, terms and conditions of such bids ; the time, place
and manner of awarding bonds so bid for, including the
right whenever any of the bonds authorized by this Ordi-
nance are offered for sale and sold at the same time as
other bonds of said corporation, to establish the conditions
for bids and awards and to award all of said bonds on an
all or none basis; and the time, place, terms and manner
of settlement for the bonds so bid for.
Sec. 4. And be it further ordained, That: (a) All premi-
ums resulting from the sale of any of the bonds issued and
sold pursuant to the provisions of this Ordinance shall be
applied first to defray the cost of issuance thereof and the
balance, if any, shall be applied to the payment of interest
on any of said bonds becoming due and payable during the
fiscal year in which said bonds are issued and sold or during
the next succeeding fiscal year.
(b) The debt authorized by the provisions of this Ordi-
nance, and the bonds issued and sold pursuant thereto and
their transfer, and the principal and interest payable
thereon (including any profit made in the sale thereof),
shall be and remain exempt from any and all State, county
and municipal taxation in the State of Maryland.
(c) All bonds issued and sold pursuant to the pro-
visions of this Ordinance shall be sold at public sale to the
highest responsible bidder or bidders therefor after due
notice of such sale, but the Mayor and City Council of Bal-
616 ORDINANCES Ord. No. 788
timore, acting by and through the Commissioners of
Finance thereof, shall have the right to reject any or all
bids therefor for any reason, and thereafter reoffer such
bonds at public sale as aforesaid or at private sale, provided
that if such bonds be offered at private sale they shall be
offered for sale and sold for not less than par and accrued
interest.
Sec. 5. And be it further ordained, That until all of the
interest on and principal of any bonds issued pursuant to
the provisions of this Ordinance have been paid in full, the
Mayor and City Council of Baltimore shall levy and impose
an annual tax on each One Hundred Dollars ($100.00) of
assessable property in the City of Baltimore at a rate suf-
ficient to produce revenue to pay all interest on and prin-
cipal of all bonds theretofore issued and outstanding or
authorized to be issued and outstanding, payable in the next
succeeding year.
Sec. 6. And be it further ordained, That this Ordinance
shall be submitted to the legal voters of the City of Balti-
more, for their approval or disapproval, at the General
Election to be held in Baltimore City, on Tuesday, the 7th
day of November, 1978.
Sec. 7. And be it further ordained, That prior to the date
of the election hereinbefore mentioned, notice shall be given
to the public of the amount of money which the Mayor and
City Council of Baltimore is authorized to borrow, and the
general purposes for which such borrowed funds may be
expended, under the terms and provisions of this Ordinance,
and the time when the election hereinbefore mentioned is to
be held; and such public notice shall be given in such
manner and by such means or through such media and at
such time or times as may be determined, from time to
time, by a majority of the Commissioners of Finance.
Sec. 8. And be it further ordained, That the actual cash
proceeds derived from the sale of the bonds authorized to
be issued under the provisions of this Ordinance, not ex-
ceeding the par value thereof, shall be used exclusively for
the following purposes, to wit:
ORDINANCES 617
(a) So much thereof as may be necessary, in addition
to the premiums realized from the sale, if any, for the cost
of issuance, including the expense of engraving, printing,
advertising, attorneys' fees, and all other incidental ex-
penses connected therewith; and
(b) The remainder of such proceeds shall be used for
or in connection with planning, developing, executing and
making operative the Community Development Program of
the Mayor and City Council of Baltimore, including, but
not limited to:
(i) The acquisition, by purchase, lease, condemna-
tion, or any other legal means, of land or property, or any
right, interest, franchise, easement or privilege therein, in
the City of Baltimore;
(ii) The payment of any and all costs and ex-
penses incurred in connection with or incidental to the acqui-
sition and management of said land or property, including
any and all rights or interests therein hereinbefore men-
tioned;
(iii) The payment of any and all costs and ex-
penses incurred for or in connection with relocating and
moving persons or other legal entities displaced by the
acquisition of said land or property, or any of the rights or
interests therein hereinbefore mentioned;
(iv) The development or redevelopment, includ-
ing, but not limited to, the comprehensive renovation or
rehabilitation of any land or property, or any rights or
interests therein hereinbefore mentioned in the City of
Baltimore and the disposition of land and property for such
purposes;
(v) The elimination of unhealthful, unsanitary
or unsafe conditions, lessening density, eliminating obsolete
or other uses detrimental to the public welfare or otherwise
removing or preventing the spread of blight or deterioration
in the City of Baltimore;
(vi) The demolition, removal, relocation, renova-
tion or alteration of land, buildings, streets, highways,
alleys, utilities or services, and other structures or improve-
ments, and for the construction, reconstruction, installa-
618 ORDINANCES Ord. No. 789
tion, relocation or repair of buildings, streets, highways,
alleys, utilities or services, and other structures or improve-
ments;
(vii) The payment of any and all costs and ex-
penses incurred for or in connection with doing any or all
of the things herein mentioned, including, but not limited
to, the costs and expenses of securing administrative, ap-
praisal, economic analysis, engineering, planning, design-
ing, architectural, surveying, and other professional serv-
ices; and
(viii) Doing any and all things necessary, proper
or expedient in connection with or pertaining to any or all
of the matters or things hereinbefore mentioned.
All of such land or property shall be acquired, developed,
redeveloped, renovated, rehabilitated, altered, improved,
held or disposed of, as provided by law.
Sec. 9. And be it further ordained, That the expenditure
of the proceeds derived from the sale of the bonds author-
ized to be issued under the provisions of this Ordinance
shall be in accordance with the provisions of the Charter
of the Mayor and City Council of Baltimore, and by the
municipal agency designated in the annual Ordinance of
Estimates of the Mayor and City Council of Baltimore.
Approved June 26, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 789
(Council No. 1604)
An Ordinance to authorize the Mayor and City Council of
Baltimore (pursuant to Chapter 77 of the Acts of the
General Assembly of Maryland of 1978), to issue and sell
its certificates of indebtedness to an amount not exceeding
Two Million Dollars ($2,000,000.00), the proceeds derived
from the sale of the same to be used for the cost of is-
suance, including the expense of engraving, printing,
ORDINANCES 619
advertising, attorneys' fees, and all other incidental ex-
penses connected therewith, and the remainder of such
proceeds shall be used to make or contract to make
financial loans to the owners of buildings or structures
located within the boundaries of Baltimore City, which
are used or occupied for commercial purposes, for or in
connection with rehabilitating, renovating, redeveloping
or improving said buildings or structures; to guarantee
or insure financial loans made by third parties to the
owners of buildings or structures located within the
boundary lines of Baltimore City, which are used or oc-
cupied for commercial purposes, for or in connection
with rehabilitating, renovating, redeveloping or improv-
ing said buildings or structures, and for doing any and
all things necessary, proper or expedient in connection
with or pertaining to any or all of the matters or things
hereinbefore mentioned; conferring and imposing upon
the Commissioners of Finance of Baltimore City certain
powers and duties; authorizing the submission of this
Ordinance to the legal voters of the City of Baltimore,
for their approval or disapproval, at the General Election
to be held in Baltimore City on Tuesday, the 7th day of
November, 1978; providing that the financial loans made,
guaranteed or insured shall be self-supporting, and pro-
viding for the expenditure of the proceeds of said cer-
tificates of indebtedness in accordance with the pro-
visions of the Charter of the Mayor and City Council of
Baltimore and by the municipal agency designated in the
annual Ordinance of Estimates of the Mayor and City
Council of Baltimore.
Whereas, by Chapter 77 of the Acts of the General As-
sembly of Maryland of 1978, the Mayor and City Council of
Baltimore is authorized to create a debt and to issue and
sell its certificates of indebtedness (hereinafter called
"bonds") as evidence thereof, to an amount not exceeding
Two Million Dollars ($2,000,000.00), in the manner and
upon the terms set forth in said Act, the proceeds thereof,
not exceeding the par value of said certificates of indebted-
ness, to be used for or in connection with making, guar-
anteeing, or insuring financial loans for rehabilitating, reno-
vating, redeveloping or improving commercial properties in
Baltimore City, as authorized by said Act; and
620 ORDINANCES Ord. No. 789
Whereas, Funds are now needed for said purposes;
therefore
SECTION 1. Be it ordained by the Mayor and City Council
•of Baltimore, That the Mayor and City Council of Balti-
more, acting by and through the Commissioners of Finance
of said municipality, be and it is hereby authorized and
empowered to issue bonds of the Mayor and City Council
of Baltimore to an amount not exceeding Two Million Dol-
lars ($2,000,000.00), from time to time, as the same may
be needed or required for the purposes hereinafter named
and said bonds shall be sold by said Commissioners of
Finance from time to time and at such times as shall be
requisite, and the proceeds derived from the sale of said
bonds shall be used for the purposes hereinafter named,
provided that this Ordinance shall not become effective
unless it shall be approved by a majority of the votes of
the legal voters of Baltimore City cast at the time and place
hereinafter designated by this Ordinance.
Sec. 2. And be it further ordained, That:
(a) Said bonds shall be issued in denominations of not
less than One Thousand Dollars ($1,000.00) each, but may
be in sums of One Thousand Dollars ($1,000.00), or any
suitable multiple thereof.
(b) Said bonds, or any part thereof, shall be issued in
accordance with a serial maturity plan so worked out as to
discharge the entire principal amount represented thereby
within not more than forty (40) years from the date of
their issuance; provided, however, that it shall not be
necessary to provide for the maturity of any part of the
principal amount represented by any of said bonds for the
first five (5) years from the date of their issuance.
(c) Said bonds, when issued, shall bear interest at such
rate or rates as may be determined by a majority of the
Commissioners of Finance by resolution at such time or
times when any of said bonds are issued, and such interest
shall be payable semi-annually.
SEC. 3. And be it further ordained, That a majority of
the Commissioners of Finance of the Mayor and City Coun-
ORDINANCES 621
cil of Baltimore be, and they are hereby, authorized to pass
a resolution or resolutions, from time to time, to determine
and set forth any or all of the following:
(a) The form or forms of the bonds representing the
debt, or any part thereof, authorized to be issued under the
provisions of this Ordinance at any particular time, in-
cluding any interest coupons to be attached thereto; the
provisions, if any, for the issuance of coupon bonds; the
provisions, if any, for the issuance of fully registered bonds;
the provisions, if any, for the registration as to principal of
any coupon bonds; and the provisions, if any, for the con-
version and reconversion into coupon bonds of any fully
registered bonds or coupon bonds registered as to principal;
the place or places for the payment of principal and interest
of said bonds; and the date of said bonds issued at any
particular time, and the right of redemption of said bonds
by the City prior to maturity; and
(b) The time, place, manner and medium of advertise-
ment of the readiness of the Commissioners of Finance,
acting for and on behalf of the Mayor and City Council of
Baltimore, to receive bids for the purchase of the bonds
authorized to be issued hereunder, or any part thereof; the
form, terms and conditions of such bids; the time, place
and manner of awarding bonds so bid for, including the
right whenever any of the bonds authorized by this Ordi-
nance are offered for sale and sold at the same time as other
bonds of said city, to establish the conditions for bids and
awards and to award all of said bonds on an all or none
basis; and the time, place, terms and manner of settlement
for the bonds so bid for.
Sec. 4. And be it further ordamed, That: (a) All pre-
miums resulting from the sale of any of the bonds issued
and sold pursuant to the provisions of this Ordinance shall
be applied first to defray the cost of issuance thereof and
the balance, if any, shall be applied to the payment of in-
terest on any of said bonds becoming due and payable dur-
ing the fiscal year in which said bonds are issued and sold
or during the next succeeding fiscal year.
(b) The debt authorized by the provisions of this Or-
dinance, and the bonds issued and sold pursuant thereto
622 ORDINANCES Ord. No. 789
and their transfer, and the principal and interest payable
thereon (including- any profit made in the sale thereof),
shall be and remain exempt from any and all State, county
and municipal taxation in the State of Maryland.
(c) All bonds issued and sold pursuant to the provisions
of this Ordinance shall be sold at public sale to the highest
responsible bidder or bidders therefor after due notice of
such sale, but the Mayor and City Council of Baltimore,
acting by and through the Commissioners of Finance there-
of, shall have the right to reject any or all bids therefor
for any reason, and thereafter reoffer such bonds at public
sale as aforesaid or at private sale, provided that if such
bonds be offered at private sale they shall be offered for
sale and sold for not less than par and accrued interest.
Sec. 5. And be it further ordained, That until all of the
interest on and principal of any bonds issued pursuant to
the provisions of this Ordinance have been paid in full, the
Mayor and City Council of Baltimore shall levy and impose
an annual tax on each One Hundred Dollars ($100.00) of
assessable property in the City of Baltimore at a rate suffi-
cient to produce revenue to pay all interest on and prin-
cipal of all bonds theretofore issued and outstanding or
authorized to be issued and outstanding, payable in the
next succeeding year.
Sec. 6. And be it further ordained, That this Ordinance
shall be submitted to the legal voters of the City of Balti-
more, for their approval or disapproval, at the General
Election to be held in Baltimore City on Tuesday, the 7th
day of November, 1978.
Sec. 7. And be it further ordained, That prior to the
date of the election hereinbefore mentioned, notice shall be
given to the public of the amount of money which the
Mayor and City Council of Baltimore is authorized to
borrow, and the general purposes for which such borrowed
funds may be expended, under the terms and provisions of
this Ordinance, and the time when the election hereinbe-
fore mentioned is to be held; and such public notice shall
be given in such manner and by such means or through
such media and at such time or times as may be deter-
ORDINANCES 623
mined, from time to time, by a majority of the Commis-
sioners of Finance.
Sec. 8. And be it further ordained, That the actual cash
proceeds derived from the sale of the bonds authorized to
be issued under the provisions of this Ordinance, not ex-
ceeding the par value thereof, shall be used exclusively for
the following purposes, to wit:
(a) So much thereof as may be necessary, in addition
to the premiums realized from the sale, if any, for the cost
of issuance, including the expense of engraving, printing,
advertising, attorneys' fees, and all other incidental ex-
penses connected therewith; and
(b) The remainder of such proceeds shall be used to
make or contract to make financial loans to the owners
of buildings or structures located within the boundaries of
Baltimore City, which are used or occupied for commercial
purposes, for or in connection with rehabilitating, renovat-
ing, redeveloping or improving said buildings or structures;
to guarantee or insure financial loans made by third par-
ties to the owners of buildings or structures located within
the boundary lines of Baltimore City, which are used or
occupied for commercial purposes, for or in connection with
rehabilitating, renovating, redeveloping or improving said
buildings or structures, and for doing any and all things
necessary, proper or expedient in connection with or per-
taining to any or all of the matters or things hereinbefore
mentioned.
Sec. 9. And be it further ordained, That no part of the
proceeds of sale of the bonds hereby authorized to be is-
sued shall be expended until after the Commissioners of
Finance have determined, based upon such data as said
Commissioners of Finance shall require to be submitted to
them to enable them to make such determination, that any
financial loans made, guaranteed or insured from such pro-
ceeds shall, in fact, be self-supporting.
Sec. 10. And be it further ordained, That the expenditure
of the proceeds derived from the sale of the bonds author-
ized to be issued under the provisions of this Ordinance
shall be in accordance with the provisions of the Charter
624 ORDINANCES Ord. No. 790
of the Mayor and City Council of Baltimore, and by the
municipal agency designated in the annual Ordinance of
Estimates of the Mayor and City Council of Baltimore.
Approved June 26, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 790
(Council No. 1605)
An Ordinance to authorize the Mayor and City Council of
Baltimore (pursuant to Chapter 129 of the Acts of the
General Assembly of Maryland of 1978), to issue and
sell its Certificates of Indebtedness to an amount not
exceeding One Million Dollars ($1,000,000.00), the pro-
ceeds derived from the sale of the same to be used for
the cost of issuance, including the expense of engraving,
printing, advertising, attorneys' fees, and all other inci-
dental expenses in connection therewith, and the re-
mainder of such proceeds to be used for additions and
improvements to, or the renovation, modernization, or re-
construction of, existing public market buildings, struc-
tures, and facilities owned or controlled by the Mayor
and City Council of Baltimore, to be or now being used
for or in connection with the operations, functions, and
activities of the public markets of Baltimore City, and
for acquiring and installing equipment for any and all
buildings, structures, or facilities authorized to be im-
proved, renovated, or modernized under the provisions
hereof; and for doing any and all things necessary,
proper, or expedient in connection with or pertaining to
any or all of the matters or things hereinbefore men-
tioned ; to confer and impose upon the Commissioners of
Finance of Baltimore City certain powers and duties; to
authorize the submission of this ordinance to the legal
voters of the City of Baltimore, for their approval or
disapproval, at the General Election to be held in Balti-
more City on Tuesday, the 7th day of November, 1978,
and providing for the expenditure of the proceeds of
ORDINANCES 626
sale of said certificates of indebtedness in accordance
with the provisions of the Charter of the Mayor and
City Council of Baltimore, and by the municipal agency
designated in the annual Ordinance of Estimates of the
Mayor and City Council of Baltimore.
Whereas, by Chapter 129 of the Acts of the General
Assembly of Maryland of 1978, the Mayor and City Coun-
cil of Baltimore is authorized to create a debt, and to issue
and sell its certificates of indebtedness (hereinafter called
"bonds") as evidence thereof, in an amount not exceeding
One Million Dollars ($1,000,000.00) in the manner and upon
the terms set forth in said Act, the net cash proceeds de-
rived from the sale of said bonds, not exceeding the par
value of said bonds, to be used for the renovation, mod-
ernization, reconstruction, and equipment of certain public
market buildings as authorized by said Act ; and
Whereas, Funds are now needed for said purpose;
therefore
Section 1. Be it ordained by the Mayor and City Coun-
cil of Baltimore, That the Mayor and City Council of Bal-
timore, acting by and through the Commissioners of Fi-
nance of said municipality, be and it is hereby authorized
and empowered to issue bonds of the Mayor and City Coun-
cil of Baltimore to an amount not exceeding One Million
Dollars ($1,000,000.00) from time to time, as the same may
be needed or required for the purposes hereinafter named
and said bonds shall be sold by said Commissioners of
Finance from time to time and at such times as shall be
requisite, and the proceeds derived from the sale of said
bonds shall be used for the purposes hereinafter named,
provided that this Ordinance shall not become effective
unless it shall be approved by a majority of the votes of
the legal voters of Baltimore City cast at the time and
place hereinafter designated by this Ordinance.
Sec. 2. And be it further ordained, That said bonds shall
be issued in denominations of not less than One Thousand
Dollars ($1,000.00) each, but may be in sums of One
Thousand Dollars ($1,000.00) or any suitable multiple
thereof, to be redeemable in ten (10) yearly series on the
626 ORDINANCES Ord. No. 790
fifteenth day of October in each of the years and in the
amounts as set forth in the following schedule:
Each of the Years Amount in each
1983 through 1992 of the Years
both inclusive $100,000.00
Said bonds, when issued, shall bear interest at such rate
or rates as may be determined by a majority of the Com-
missioners of Finance by resolution at such time or times
when any of said bonds are issued, the interest to be pay-
able semi-annually on the fifteenth day of April and the
fifteenth day of October, in each year after issuance, dur-
ing the respective periods that the series in which said
bonds are issued may run.
Sec. 3. And be it further ordained, That a majority of
the Commissioners of Finance of the Mayor and City Coun-
cil of Baltimore be, and they are hereby, authorized to pass
a resolution or resolutions, from time to time, to determine
and set forth any and all of the following:
(a) The form or forms of the bonds representing the
debt, or any part thereof, authorized to be issued under the
provisions of this Ordinance at any particular time, includ-
ing any interest coupons to be attached thereto; the provi-
sions, if any, for the issuance of coupon bonds; the provi-
sions, if any, for the issuance of fully registered bonds ; the
provisions, if any, for the registration as to principal of
any coupon bonds; and the provisions, if any, for the con-
version and reconversion into coupon bonds of any fully
registered bonds or coupon bonds registered as to principal ;
the place or places for the payment of principal and in-
terest of said bonds; and the date of said bonds issued at
any particular time and the right of redemption of said
bonds by the City prior to maturity; and
(b) The time, place, manner and medium of advertise-
ment of the readiness of the Commissioners of Finance,
acting for and on behalf of the Mayor and City Council of
Baltimore, to receive bids for the purchase of the bonds
authorized to be issued hereunder, or any part thereof;
the form, terms and conditions of such bids; the time,
place and manner of awarding bonds so bid for, including
the right whenever any of the bonds authorized by this
ORDINANCES 627
Ordinance are offered for sale and sold at the same time
as other bonds of said corporation, to establish the condi-
tions for bids and awards and to award all of said bonds on
an all or none basis; and the time, place, terms and manner
of settlement for the bonds so bid for.
SEC. 4. And be it further ordained, That (a) All premi-
ums resulting from the sale of any of the bonds issued and
sold pursuant to the provisions of this Ordinance shall be
applied first to defray the cost of issuance thereof and the
balance, if any, shall be applied to the payment of interest
on any of said bonds becoming due and payable during the
fiscal year in which said bonds are issued and sold or during
the next succeeding fiscal year.
(b) The debt authorized by the provisions of this Ordi-
nance, and the bonds issued and sold pursuant thereto and
their transfer, and the principal and interest payable
thereon (including any profit made in the sale thereof),
shall be and remain exempt from any and all State, county
and municipal taxation in the State of Maryland.
(c) All bonds issued and sold pursuant to the pro-
visions of this Ordinance shall be sold at public sale to the
highest responsible bidder or bidders therefor after due
notice of such sale, but the Mayor and City Council of Balti-
more, acting by and through the Commissioners of Finance
thereof, shall have the right to reject any or all bids
therefor for any reason, and thereafter reoffer such bonds
at public sale as aforesaid or at private sale, provided that
if such bonds be offered at private sale they shall be offered
for sale and sold for not less than par and accrued interest.
SEC. 5. And be it further ordained, That until all the in-
terest on and principal of any bonds issued pursuant to the
provisions of this Ordinance have been paid in full, the
Mayor and City Council of Baltimore shall levy and impose
an annual tax on each One Hundred Dollars ($100.00) of
assessable property in the City of Baltimore at a rate suf-
ficient to produce revenue to pay all interest on and prin-
cipal of all bonds theretofore issued and outstanding or
authorized to be issued and outstanding, payable in the next
succeeding year.
628 ORDINANCES Ord. No. 790
Sec. 6. And be it further ordavned, That this Ordinance
shall be submitted to the legal voters of the City of Balti-
more, for their approval or disapproval, at the General
Election to be held in Baltimore City, on Tuesday, the 7th
day of November, 1978.
Sec. 7. And be it further ordained, That prior to the date
of the election hereinbefore mentioned, notice shall be given
to the public of the amount of money which the Mayor and
City Council of Baltimore is authorized to borrow, and the
general purposes for which such borrowed funds may be
expended, under the terms and provisions of this Ordinance,
and the time when the election hereinbefore mentioned is
to be held; and such public notice shall be given in such
manner and by such means or through such media and at
such time or times as may be determined, from time to time,
by a majority of the Commissioners of Finance.
Sec. 8. And be it further ordained, That the actual cash
proceeds derived from the sale of the bonds authorized to be
issued under the provisions of this Ordinance, not exceeding
the par value thereof, shall be used exclusively for the fol-
lowing purposes:
(a) So much thereof as may be necessary in addition
to the premiums realized from the sale, if any, for the cost
of issuance, including the expenses of engraving, printing,
advertising, attoraeys, fees, and all other incidental ex-
penses connected therewith; and
(b) The remainder of such proceeds shall be used for
additions and improvements to, or the renovation, mod-
ernization or reconstruction of, existing public market
buildings, structures and facilities owned or controlled by
the Mayor and City Council of Baltimore, to be or now
being used for or in connection with the operations, func-
tions and activities of the public markets of Baltimore City,
and for acquiring and installing equipment for any and all
buildings, structures or facilities authorized to be im-
proved, renovated, or modernized under the provisions
hereof, and for doing any and all things necessary, proper,
or expedient in connection with or pertaining to any or all
of the matters or things hereinbefore mentioned.
ORDINANCES 629
Sec. 9. And be it further ordained, That the expenditure
of the proceeds derived from the sale of the bonds author-
ized to be issued under the provisions of this ordinance
shall be in accordance with the provisions of the Charter of
the Mayor and City Council of Baltimore, and by the
municipal agency designated in the annual Ordinance of
Estimates of the Mayor and City Council of Baltimore.
Approved June 26, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 791
(Council No. 1606)
An Ordinance to authorize the Mayor and City Council of
Baltimore (pursuant to Chapter 130 of the Acts of the
General Assembly of Maryland of 1978), to issue and
sell its certificates of indebtedness to an amount not ex-
ceeding Seven Million Five Hundred Thousand Dollars
($7,500,000.00), the proceeds derived from the sale of
the same to be used for the cost of issuance, including the
expense of engraving, printing, advertising, attorneys'
fees, and all other incidental expenses connected there-
with, and the remainder of such proceeds shall be used
to make or contract to make financial loans to any person
or other legal entity to be used for or in connection with
the purchase, acquisition, construction, reconstruction,
erection, development, redevelopment, rehabilitation,
renovation, modernization or improvement of buildings
or structures, including any land necessary therefor,
within the boundaries of Baltimore City, which buildings
or structures are to be used or occupied for industrial
purposes; to guarantee or insure financial loans made by
third parties to any person or other legal entity which
are to be used for or in connection with the purchase,
acquisition, construction, reconstruction, erection, devel-
opment, redevelopment, rehabilitation, renovation, mod-
ernization or improvement of buildings or structures, in-
cluding any land necessary therefor, within the bound-
630 ORDINANCES Ord. No. 791
aries of Baltimore City, which buildings or structures are
to be used or occupied for industrial purposes, and for
doing any and all things necessary, proper or expedient
in connection with or pertaining to any or all of the
matters or things hereinbefore mentioned; conferring
and imposing upon the Commissioners of Finance of
Baltimore City certain powers and duties; authorizing
the submission of this Ordinance to the legal voters of
the City of Baltimore, far their approval or disapproval,
at the General Election to be held in Baltimore City on
Tuesday, the 7th day of November, 1978; providing that
the financial loans made, guaranteed or insured shall be
self-supporting, and providing for the expenditure of the
proceeds of said certificates of indebtedness in accordance
with the provisions of the Charter of the Mayor and City
Council of Baltimore, and by the municipal agency desig-
nated in the annual Ordinance of Estimates of the Mayor
and City Council of Baltimore.
Whereas, by Chapter 130 of the Acts of the General As-
sembly of Maryland of 1978, the Mayor and City Council
of Baltimore is authorized to create a debt and to issue and
sell its certificates of indebtedness (hereinafter called
"'bonds") as evidence thereof, to an amount not exceeding
Seven Million Five Hundred Thousand Dollars ($7,500,-
000.00), in the manner and upon the terms set forth in
said Act, the proceeds thereof, not exceeding the par value
of said certificates of indebtedness, to be used for or in con-
nection with making, guaranteeing, or insuring financial
loans for purchasing, acquiring, constructing, recon-
structing, erecting, developing, redeveloping, rehabilitating,
renovating, modernizing or improving industrial properties
in Baltimore City, as authorized by said Act; and
Whereas, Funds are now needed for said purposes;
therefore
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the Mayor and City Council of Balti-
more, acting by and through the Commissioners of Finance
of said municipality, be and it is hereby authorized and
empowered to issue bonds of the Mayor and City Council
of Baltimore to an amount not exceeding Seven Million Five
ORDINANCES 631
Hundred Thousand Dollars ($7,500,000.00), from time to
time, as the same may be needed or required for the pur-
poses hereinafter named and said bonds shall be sold by
said Commissioners of Finance from time to time and at
such times as shall be requisite, and the proceeds derived
from the sale of said bonds shall be used for the purposes
hereinafter named, provided that this Ordinance shall not
become effective unless it shall be approved by a majority
of the votes of the legal voters of Baltimore City cast at the
time and place hereinafter designated by this Ordinance.
SEC. 2. And be it further ordained, That:
(a) Said bonds shall be issued in denominations of not
less than One Thousand Dollars ($1,000.00) each, but may
be in sums of One Thousand Dollars ($1,000.00), or any
suitable multiple thereof.
(b) Said bonds, or any part thereof, shall be issued in
accordance with a serial maturity plan so worked out as to
discharge the entire principal amount represented thereby
within not more than forty (40) years from the date of
their issuance; provided, however, that it shall not be
necessary to provide for the maturity of any part of the
principal amount represented by any of said bonds for the
first five (5) years from the date of their issuance.
(c) Said bonds, when issued, shall bear interest at such
rate or rates as may be determined by a majority of the
Commissioners of Finance by resolution at such time or
times when any of said bonds are issued, and such interest
shall be payable semi-<annually.
Sec. 3. And be it further ordained, That a majority of
the Commissioners of Finance of the Mayor and City Coun-
cil of Baltimore be, and they are hereby, authorized to pass
a resolution or resolutions, from time to time, to determine
and set forth any or all of the following:
(a) The form or forms of the bonds representing the
debt, or any part thereof, authorized to be issued under the
provisions of this Ordinance at any particular time, in-
cluding any interest coupons to be attached thereto; the
provisions, if any, for the issuance of coupon bonds; the
provisions, if any, for the issuance of fully registered bonds;
632 ORDINANCES Ord. No. 791
the provisions, if any, for the registration as to principal
of any coupon bonds; and the provisions, if any, for the
conversion and reconversion into coupon bonds of any fully
registered bonds or coupon bonds registered as to principal;
the place or places for the payment of principal and interest
of said bonds; and the date of said bonds issued at any par-
ticular time, and the right of redemption of said bonds by
the City prior to maturity; and
(b) The time, place, manner and medium of advertise-
ment of the readiness of the Commissioners of Finance,
acting for and on behalf of the Mayor and City Council of
Baltimore, to receive bids for the purchase of the bonds
authorized to be issued hereunder, or any part thereof; the
form, terms and conditions of such bids; the time, place and
manner of awarding bonds so bid for, including the right
whenever any of the bonds authorized by this Ordinance
are offered for sale and sold at the same time as other bonds
of said City, to establish the conditions for bids and awards
and to award all of said bonds on an all or none basis; and
the rime, place, terms and manner of settlement for the
bonds so bid for.
Sec. 4. And be it further ordained, That: (a) All pre-
miums resulting from the sale of any of the bonds is-
sued and sold pursuant to the provisions of this Ordinance
shall be applied first to defray the cost of issuance thereof
and the balance, if any, shall be applied to the payment of
interest on any of said bonds becoming due and payable
during the fiscal year in which said bonds are issued and
sold or during the next succeeding fiscal year.
(b) The debt authorized by the provisions of this Or-
dinance, and the bonds issued and sold pui'suant thereto
and their transfer, and the principal and interest payable
thereon (including any profit made in the sale thereof)
shall be and remain exempt from any and all State, county
and municipal taxation in the State of Maryland.
(c) All bonds issued and sold pursuant to the provi-
sions of this Ordinance shall be sold at public sale to the
highest responsible bidder or bidders therefor after due
notice of such sale, but the Mayor and City Council of
Baltimore, acting by and through the Commissioners of
Finance thereof, shall have the right to reject any or all
ORDINANCES 633
bids therefor for any reason, and thereafter reoffer such
bonds at public sale as aforesaid or at private sale, pro-
vided that if such bonds be offered at private sale they
shall be offered for sale and sold for not less than par and
accrued interest.
Sec. 5. And be it further ordained, That until all of the
interest on and principal of any bonds issued pursuant to
the provisions of this Ordinance have been paid in full, the
Mayor and City Council of Baltimore shall levy and impose
an annual tax on each One Hundred Dollars ($100.00) of
assessable property in the City of Baltimore at a rate suffi-
cient to produce revenue to pay all interest on and principal
of all bonds theretofore issued and outstanding or author-
ized to be issued and outstanding, payable in the next suc-
ceeding year.
Sec. 6. And be it further ordained, That this Ordinance
shall be submitted to the legal voters of the City of Balti-
more, for their approval or disapproval, at the General
Election to be held in Baltimore City on Tuesday, the 7th
day of November, 1978.
Sec. 7. And be it further ordained, That prior to the
date of the election hereinbefore mentioned, notice shall be
given to the public of the amount of money which the
Mayor and City Council of Baltimore is authorized to bor-
row, and the general purposes for which such borrowed
funds may be expended, under the terms and provisions of
this Ordinance, and the time when the election herein-
before mentioned is to be held ; and such public notice shall
be given in such manner and by such means or through
such media and at such time or times as may be deter-
mined, from time to time, by a majority of the Commis-
sioners of Finance.
Sec. 8. And be it further ordained, That the actual cash
proceeds derived from the sale of the bonds authorized
to be issued under the provisions of this Ordinance, not ex-
ceeding the par value thereof, shall be used exclusively for
the following purposes, to wit :
(a) So much thereof as may be necessary, in addition
to the premiums realized from the sale, if any, for the cost
634 ORDINANCES Ord. No. 791
of issuance, including the expense of engraving, printing,
advertising, attorneys' fees, and all other incidental ex-
penses connected therewith; and
(b) The remainder of such proceeds to be used to make
or contract to make financial loans to any person or other
legal entity to be used for or in connection with the pur-
chase, acquisition, construction, reconstruction, erection,
development, redevelopment, rehabilitation, renovation,
modernization or improvement of buildings or structures,
including any land necessary therefor, within the boun-
daries of Baltimore City, which buildings or structures are
to be used or occupied for industrial purposes ; to guarantee
or insure financial loans by third parties to any person or
other legal entity which are to be used for or in connection
with the purchase, acquisition, construction, reconstruction,
erection, development, redevelopment, rehabilitation, reno-
vation, modernization or improvement of buildings or struc-
tures, including any land necessary therefor, within the
boundaries of Baltimore City, which buildings or structures
are to be used or occupied for industrial purposes; and for
doing any and all things necessary, proper or expedient in
connection with or pertaining to any or all of the matters
or things hereinbefore mentioned;
Sec. 9. And be it further ordained, That no part of the
proceeds of sale of the bonds hereby authorized to be
issued shall be expended until after the Commissioners of
Finance have determined, based upon such data as said
Commissioners of Finance shall require to be submitted to
them to enable them to make such determination, that any
financial loans made, guaranteed or insured from such pro-
ceeds, shall, in fact, be self-supporting.
Sec. 10. And be it further ordained, That the expendi-
ture of the proceeds derived from the sale of the bonds
authorized to be issued under the provisions of this Ordi-
nance shall be in accordance with the provisions of the
Charter of the Mayor and City Council of Baltimore, and
by the municipal agency designated in the annual Ordinance
of Estimates of the Mayor and City Council of Baltimore.
Approved June 26, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
ORDINANCES 635
No. 792
(Council No. 1607)
An Ordinance to authorize the Mayor and City Council of
Baltimore (pursuant to Chapter 131 of the Acts of the
General Assembly of Maryland of 1978), to issue and
sell its Certificates of Indebtedness to an amount not
exceeding One Million Five Hundred Fifty Thousand Dol-
lars ($1,550,000.00), the proceeds derived from the sale
of the same to be used for the cost of issuance, including
the expense of engraving, printing, advertising, attor-
neys' fees, and all other incidental expenses connected
therewith, and the remainder of such proceeds shall be
used for the acquisition, by purchase, condemnation or
any other legal means, of land or property, or any rights
therein, in the City of Baltimore, and for constructing
and erecting on said land or property, or on any land
or property now or hereafter owned by the Mayor and
City Council of Baltimore, buildings, structures or facili-
ties to be used by the Fire Department of Baltimore City
for fire stations, and for the acquisition and installation
of equipment for any and all existing facilities or new
facilities authorized to be constructed or erected under
the provisions hereof, and for doing any and all things
necessary, proper or expedient in connection with or per-
taining to any or all of the matters or things hereinbe-
fore mentioned; to confer and impose upon the Commis-
sioners of Finance of Baltimore City certain powers and
duties; to authorize the submission of this Ordinance to
the legal voters of the City of Baltimore, for their ap-
proval or disapproval, at the General Election to be held
in Baltimore City on Tuesday, the 7th day of November,
1978, and providing for the expenditure of the proceeds
of sale of said Certificates of Indebtedness in accordance
with the provisions of the Charter of the Mayor and City
Council of Baltimore, and by the municipal agency desig-
nated in the annual Ordinance of Estimates of the Mayor
and City Council of Baltimore.
Whereas, by Chapter 131 of the Acts of the General
Assembly of Maryland of 1978, the Mayor and City Council
of Baltimore is authorized to create a debt, and to issue
636 ORDINANCES Ord. No. 792
and sell its certificates of indebtedness (hereinafter called
"bonds") as evidence thereof, in an amount not exceeding
One Million Five Hundred Fifty Thousand Dollars ($1,550,-
000.00), in the manner and upon the terms set forth in
said Act, the net cash proceeds derived from the sale of
said bonds, not exceeding- the par value of said bonds, to
be used for the construction, erection and equipment of
Fire Department buildings, structures or facilities as au-
thorized by said Act; and
Whereas, Funds are now needed for said purposes;
therefore
Section 1. Be it ordained by the Mayor and City Coun-
cil of Baltimore, That the Mayor and City Council of Bal-
timore, acting by and through the Commissioners of Fi-
nance of said municipality, be and it is hereby authorized
and empowered to issue bonds of the Mayor and City
Council of Baltimore to an amount not exceeding One Mil-
lion Five Hundred Fifty Thousand Dollars ($1,550,000.00),
from time to time, as the same may be needed or required
for the purposes hereinafter named and said bonds shall be
sold by said Commissioners of Finance from time to time,
and at such times as shall be requisite, and the proceeds
derived from the sale of said bonds shall be used for the
purposes hereinafter named, provided that this Ordinance
shall not become effective unless it shall be approved by a
majority of the votes of the legal voters of Baltimore City
cast at the time and place hereinafter designated by this
Ordinance.
Sec. 2. And be it further ordained, That said bonds shall
be issued in denominations of not less than One Thousand
Dollars ($1,000.00) each, but may be in sums of One
Thousand Dollars ($1,000.00) or any suitable multiple
thereof, to be redeemable in Ten (10) yearly series on the
fifteenth day of October in each of the years and in the
amounts as set forth in the following schedule:
Each of the Years Amount in each
1982 through 1991, of the Years
both inclusive $155,000.00
Said bonds, when issued, shall bear interest at such rate
or rates as may be determined by a majority of the Com-
ORDINANCES 637
missioners of Finance by resolution at such time or times
when any of said bonds are issued, the interest to be pay-
able semi-annually on the fifteenth day of April and the fif-
teenth day of October, in each year after issuance, during
the respective periods that the series in which said bonds
are issued may run.
Sec. 3. And be it further ordained, That a majority of
the Commissioners of Finance of the Mayor and City Coun-
cil of Baltimore be, and they are hereby, authorized to
pass a resolution or resolutions, from time to time, to de-
termine and set forth any or all of the following:
(a) The form or forms of the bonds representing the
debt, or any part thereof, authorized to be issued under
the provisions of this Ordinance at any particular time,
including any interest coupons to be attached thereto; the
provisions, if any, for the issuance of coupon bonds; the
provisions, if any, for the issuance of fully registered
bonds; the provisions, if any, for the registration as to
principal of any coupon bonds; and the provisions, if any,
for the conversion and reconversion into coupon bonds of
any fully registered bonds or coupon bonds registered as to
principal; the place or places for the payment of principal
and interest of said bonds; and the date of said bonds is-
sued at any particular time and the right of redemption of
said bonds by the City prior to maturity; and
(b) The time, place, manner and medium of advertise-
ment of the readiness of the Commissioners of Finance,
acting for and on behalf of the Mayor and City Council of
Baltimore, to receive bids for the purchase of the bonds
authorized to be issued hereunder, or any part thereof;
the form, terms and conditions of such bids ; the time, place
and manner of awarding bonds so bid for, including the
right whenever any of the bonds authorized by this Ordi-
nance are offered for sale and sold at the same time as
other bonds of said corporation, to establish the conditions
for bids and awards and to award all of said bonds on an
all or none basis; and the time, place, terms and manner
of settlement for the bonds so bid for.
Sec. 4. And be it further ordained, That: (a) All premi-
ums resulting from the sale of any of the bonds issued and
638 ORDINANCES Ord. No. 792
sold pursuant to the provisions of this Ordinance shall be
applied first to defray the cost of issuance thereof and the
balance, if any, shall be applied to the payment of interest
on any of said bonds becoming due and payable during the
fiscal year in which said bonds are issued and sold or during
the next succeeding fiscal year.
(b) The debt authorized by the provisions of this Ordi-
nance, and the bonds issued and sold pursuant thereto and
their transfer, and the principal and interest payable
thereon (including any profit made in the sale thereof),
shall be and remain exempt from any and all State, county
and municipal taxation in the State of Maryland.
(c) All bonds issued and sold pursuant to the provisions
of this Ordinance shall be sold at public sale to the highest
responsible bidder or bidders therefor after due notice of
such sale, but the Mayor and City Council of Baltimore,
acting by and through the Commissioners of Finance there-
of, shall have the right to reject any or all bids therefor for
any reason, and thereafter reoffer such bonds at public sale
as aforesaid or at private sale, provided that if such bonds
be offered at private sale they shall be offered for sale and
sold for not less than par and accrued interest.
SEC. 5. And be it further ordained, That until all the in-
terest on and principal of any bonds issued pursuant to the
provisions of this Ordinance have been paid in full, the
Mayor and City Council of Baltimore shall levy and impose
an annual tax on each One Hundred Dollars ($100.00) of
assessable property in the City of Baltimore at a rate suf-
ficient to produce revenue to pay all interest on and prin-
cipal of all bonds theretofore issued and outstanding or au-
thorized to be issued and outstanding, payable in the next
succeeding year.
Sec. 6. And be it further ordained, That this Ordinance
shall be submitted to the legal voters of the City of Balti-
more, for their approval or disapproval, at the General
Election to be held in Baltimore City, on Tuesday, the 7th
day of November, 1978.
Sec. 7. And be it further ordained, That prior to the date
of the election hereinbefore mentioned, notice shall be given
ORDINANCES 639
to the public of the amount of money which the Mayor and
City Council of Baltimore is authorized to borrow, and the
general purposes for which such borrowed funds may be
expended, under the terms and provisions of this Ordinance,
and the time when the election hereinbefore mentioned is
to be held; and such public notice shall be given in such
manner and by such means or through such media and at
such time or times as may be determined, from time to
time, by a majority of the Commissioners of Finance.
SEC. 8. And be it further ordained, That the actual cash
proceeds derived from the sale of the bonds authorized to be
issued under the provisions of this Ordinance, not exceeding
the par value thereof, shall be used exclusively for the fol-
lowing purposes, to wit:
(a) So much thereof as may be necessary in addition to
the premiums realized from the sale, if any, for the cost of
issuance, including the expenses of engraving, printing,
advertising, attorneys' fees, and all other incidental ex-
penses connected therewith; and
(b) The remainder of such proceeds shall be used for
the acquisition, by purchase, condemnation or any other
legal means, of land or property, or any rights therein, in
the City of Baltimore, and for constructing and erecting on
said land or property, or on any land or property now or
hereafter owned by the Mayor and City Council of Balti-
more, buildings, structures or facilities to be used by the
Fire Department of Baltimore City for fire stations, and
for the acquisition and installation of equipment for any
and all existing facilities or new facilities authorized to be
constructed or erected under the provisions hereof, and for
doing any and all things necessary, proper or expedient in
connection with or pertaining to any or all of the matters
or things hereinbefore mentioned.
SEC. 9. And be it further ordained, That the expenditure
of the proceeds derived from the sale of the bonds author-
ized to be issued under the provisions of this ordinance shall
be in accordance with the provisions of the Charter of the
Mayor and City Council of Baltimore, and by the municipal
640 ORDINANCES Ord. No. 793
agency designated in the annual Ordinance of Estimates of
the Mayor and City Council of Baltimore.
Approved June 26, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 793
(Council No. 1610)
An Ordinance authorizing and providing for the issuance
and sale by Mayor and City Council of Baltimore of its
industrial development revenue bond, to be designated
"City of Baltimore, Maryland Industrial Development
Revenue Bond (Hobelmann Port Services, Inc. Project)",
in the principal amount of $600,000, pursuant to the pro-
visions of Sections 266A to 266-1, inclusive, of Article 41
of the Annotated Code of Maryland (1978 Replacement
Volume), as amended, in order to loan the proceeds
thereof to Hobelmann Port Services, Inc., a Delaware
corporation, for the sole and exclusive purpose of fi-
nancing the acquisition by Hobelmann Port Services, Inc.
of a certain industrial building in the City of Baltimore,
as provided in this ordinance; making certain legislative
findings, among others, concerning the public benefit and
purpose of such industrial development revenue bond;
providing that such industrial development revenue bond
(a) shall be payable solely and only from (i) revenue
derived from payments by Hobelmann Port Services, Inc.
to Mayor and City Council of Baltimore on account of
such loan, (ii) any and all moneys realized from the
collateral for such loan, and (iii) any and all moneys
received under the guaranty agreement hereinafter men-
tioned, and (b) shall not ever constitute, within the
meaning of any constitutional or charter provision or
otherwise, (i) an indebtedness of Mayor and City Coun-
cil of Baltimore or of any other political subdivision, or
(ii) a charge against the general credit or taxing powers
of Mayor and City Council of Baltimore; authorizing the
private (negotiated) sale of such industrial development
ORDINANCES 641
revenue bond; prescribing certain details pertaining- to
such industrial development revenue bond, including
(without limitation) (a) the amount, date and maturity
thereof, (b) the interest rate to be paid thereon, (c) the
prepayment provisions relating thereto, (d) the form
and tenor thereof, and (e) the terms and conditions
thereof and security therefor; approving the form and
contents, and authorizing the execution and delivery, of
various documents necessary to effectuate the aforemen-
tioned borrowing and lending, including (a) such indus-
trial development revenue bond, (b) the loan agreement
between Mayor and City Council of Baltimore and Hobel-
mann Port Services, Inc. evidencing the aforesaid loan,
and (c) the assignment by which Mayor and City Council
of Baltimore assigns its rights in and to the loan agree-
ment as security for such industrial development revenue
bond; describing and authorizing approval of the guar-
anty agreement to be executed and delivered by Hobel-
mann Port Services, Inc., pursuant to which Hobelmann
Port Services, Inc. fully and unconditionally guarantees
the payment of the principal of and interest on such in-
dustrial development revenue bond; and generally pro-
viding for and determining various matters in connection
with the authorization, issuance, security, sale, and pay-
ment of such industrial development revenue bond.
RECITALS
Sections 266A to 266-1, inclusive, of Article 41, of the
Annotated Code of Maryland (1978 Replacement Vol-
ume), as amended, (the "Act") empowers all counties
and municipalities of the State of Maryland to issue
revenue bonds and to loan the proceeds of the sale of
such revenue bonds to an industrial concern to finance
the acquisition (as defined in the Act) by such industrial
concern of industrial buildings (as defined in the Act).
The Act declares it to be the legislative purpose to re-
lieve conditions of unemployment in the State, to en-
courage the increase of industry and a balanced economy
in the State, to assist in the retention of existing industry
in the State through the control, reduction or abatement
of pollution of the environment (where proceeds of the
bonds are used for that purpose), to promote economic
642 ORDINANCES Ord. No. 793
development, to protect natural resources and in this
manner to promote the health, welfare and safety of the
residents of each of the counties and municipalities of the
State of Maryland.
Mayor and City Council of Baltimore (the "City") has
determined to issue and sell its City of Baltimore, Mary-
land Industrial Development Revenue Bond (Hobelmann
Port Services, Inc. Project), in the principal amount of
$600,000 (the "Bond"), and to loan the proceeds of the
Bond to Hobelmann Port Services, Inc., a Delaware cor-
poration (the "Company"), and an industrial concern as
mentioned in the Act, on the terms and conditions set
forth in the Loan Agreement to be entered into by and
between the City and the Company (the "Loan Agree-
ment"), as provided by this Ordinance (such loan being
herein referred to as the "Loan"), in order to finance the
acquisition (within the meaning of the Act) by the Com-
pany of a certain industrial building (within the meaning
of the Act) in the City of Baltimore (the "Industrial
Building"), in order to relieve conditions of unemploy-
ment in the State of Maryland and in the City of Balti-
more, and thus encourage economic development, and to
protect the health, welfare and safety of the citizens of
the State of Maryland and the City of Baltimore.
The Bond will be sold at private (negotiated) sale to
Maryland National Bank, a national banking association
(the "Bank").
The Company will execute and deliver to the Bank as
agent for the holder of the Bond (hereinafter defined) a
Guaranty Agreement pursuant to which the Company
will fully and unconditionally guarantee to the Bank as
agent for the holder of the Bond the payment of the prin-
cipal of and interest on the Bond.
This Ordinance authorizes and empowers the City to
enter into and consummate a transaction which R. G.
Hobelmann & Company, Inc., a Delaware corporation and
predecessor in interest to the Company, proposed to the
City in accordance with Section 266B(d) of the Act by
a letter of intent dated September 7, 1977, which letter
of intent was approved by the Board of Estimates of the
ORDINANCES 643
City and accepted by the Mayor of the City on October 5,
1977, subject to the passage of this Ordinance. Such letter
of intent was amended by an amendatory letter of intent
from the Company to the City dated February 10, 1978,
which amendatory letter of intent was approved by the
Board of Estimates of the City and accepted by the Mayor
of the City on February 22, 1978, subject to the passage
of this Ordinance.
Now, therefore, in accordance with the terms and pro-
visions of the Act and the Charter of Mayor and City
Council of Baltimore:
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That acting pursuant to the Act, it is hereby
found and determined as follows:
(1) The issuance and sale of the Bond by the City pur-
suant to the Act in order to lend the proceeds thereof to the
Company for the sole and exclusive purpose of financing
the acquisition (within the meaning of the Act) of the In-
dustrial Building will facilitate and expedite the acquisition
of the Industrial Building by the Company;
(2) The acquisition of the Industrial Building by the
Company and the financing thereof as provided in this
Ordinance will promote the declared legislative purposes of
the Act by (a) sustaining jobs and employment, thus re-
lieving conditions of unemployment in the State of Mary-
land and in the City of Baltimore; (b) encouraging the in-
crease of industry and a balanced economy in the State of
Maryland and in the City of Baltimore; (c) assisting in the
retention of existing industry in the State of Maryland and
in the City of Baltimore; (d) promoting economic develop-
ment; and (e) promoting the health, welfare and safety of
the residents of the City of Baltimore and of the State of
Maryland.
(3) In addition to authorizing the City itself to acquire
the Industrial Building and either to lease or to sell the
same to the Company, the Act as an alternative procedure,
also authorizes industrial building financing to be accom-
plished in the form of a loan to the Company. The loan
form of transaction avoids indirect costs and burdens on the
City by not requiring any direct involvement by the City in
644 ORDINANCES Ord. No. 793
the acquisition, ownership or administration of the Indus-
trial Building, while permitting ample controls to be im-
posed on the use of the proceeds of the Bond to insure that
the public purposes of the Act and the Bond are fully ac-
complished. It is, therefore, in the best interests of the
citizens of the City, to finance the acquisition of the Indus-
trial Building by a loan to the Company. This Ordinance
contemplates and authorizes a transaction in the form of a
loan of the proceeds of the Bond by the City to the Com-
pany, rather than a transaction in the form of a lease or
sale of the Industrial Building. Accordingly, this Ordi-
nance, together with the Loan Agreement authorized here-
by, contains such provisions as the City deems appropriate
to effect the financing of the acquisition by the Company of
the Industrial Building by the loan form of transaction.
(4) Neither the Bond, nor the interest thereon, will
constitute (a) a general obligation of the City, or (b) a
charge against, or pledge of the general credit or taxing
powers of the City, or (c) a debt of the City, all within the
meaning of Section 7 of Article XI of the Constitution of
Maryland or any other constitutional, statutory or charter
provision or limitation, and neither shall ever constitute or
give rise to any pecuniary liability on the part of the City.
The principal of and interest on the Bond shall be payable
from, and secured by, (a) an assignment of the revenues
realized, and the collateral pledged, under the Loan Agree-
ment, and (b) the Guaranty Agreement. The principal
amount of the Loan and the repayments to be made by the
Company pursuant to the Loan Agreement authorized
hereby will be paid directly to the Bank to be held and
disbursed by the Bank as agent for the holder of the Bond
as provided in this Ordinance. No such moneys will be
commingled with the City's funds or will be subject to the
absolute control of the City, but only to such limited super-
vision and checks as are deemed necessary or desirable by
the City to insure that the proceeds of the Bond are used
to accomplish the public purposes of the Act and this Ordi-
nance. The transactions authorized hereby do not constitute
the acquisition of property for public use or the purchase
of equipment for public use. The public purposes expressed
in the Act are to be achieved by facilitating the acquisition
of the Industrial Building by the Company.
ORDINANCES 645
(5) The City will acquire no interest in the Industrial
Buildings other than any general interest in the Company's
property shared by all holders of the Company's obligations
which rank and are secured equally with the Company's
obligation pursuant to the Loan Agreement. The security
for the Bond shall be solely and exclusively (a) the abso-
lute, irrevocable and unconditional obligation of the Com-
pany to make the payments required by the Loan Agree-
ment, (b) moneys realized from any and all collateral
pledged as security for the Loan, and (c) the full and un-
conditional guaranty by the Company of the payment of the
principal of and interest on the Bond.
(6) None of the receipts and revenues of the City from
the Loan Agreement shall be set aside as a depreciation
account (mentioned in the Act), since neither the City nor
the Bank desire, or are creating, any interest in the Indus-
trial Building (other than any interest shared by all holders
of the Company's obligations ranking on a parity with the
Company's obligation pursuant to the Loan Agreement).
Such a depreciation account would (i) be inconsistent with
the transaction authorized hereby, and (ii) place an un-
reasonable burden on the Company so as to adversely affect
the feasibility of the transaction and thus frustrate the
legislative purposes of the Act.
(7) The best interests of the City will be served by
selling the Bond to the Bank at private (negotiated) sale,
as authorized by the Act, upon terms and conditions ap-
proved by the City as set forth in this Ordinance.
SEC. 2. Be it further ordained, That the following terms
shall have the following meanings for all purposes of this
Ordinance, unless the context clearly otherwise requires:
"Acquisition" or "acquisition" means, when used in re-
gard to the Industrial Building, the acquisition of the In-
dustrial Building as such meaning is intended in the Act,
and shall include, where applicable, and without limitation,
the purchase, construction, rehabilitation, remodeling, ex-
tension, equipping and permanent improvement of the In-
dustrial Building.
"Act" means Chapter 352 enacted by the 1972 Session of
646 ORDINANCES Ord. No. 793
the General Assembly of Maryland, as amended, being Sec-
tions 266A to 266-1, inclusive, of Article 41 of the Anno-
tated Code of Maryland (1978 Replacement Volume), as
amended.
"Assignment" means the Assignment by which the City
assigns to the Bank as agent for the holder of the Bond all
of its right, title and interest in and to, and remedies under,
the Loan Agreement and moneys due and to become due
thereunder, and all collateral pledged thereunder, all as set
forth therein, which Assignment shall be substantially in
the form set forth in Section 12 of this Ordinance.
"Bank" means Maryland National Bank, a national
banking association, its successors and, except for a sub-
sequent purchaser of the Bond, its assigns.
"Bank as agent for the holder of the Bond" means the
Bank acting in its fiduciary capacity as agent for the holder
of the Bond, performing the functions described in this
Ordinance and in the Assignment.
"Banking day" means a day other than a Saturday, Sun-
day or legal holiday in the State of Maryland.
"Bond" means the City's City of Baltimore, Maryland
Industrial Development Revenue Bond (Hobelmann Port
Services, Inc. Project) in the principal amount of $600,000
to be issued and sold pursuant to this Ordinance without
pecuniary liability on the part of the City as therein set
forth, which Bond shall be substantially in the form set
forth in Section 3 of this Ordinance. In the event the Bond
is at any time exchanged for serial bonds as set forth in
Section 9 of this Ordinance, then, and in that event, the term
"Bond" shall mean such serial bonds.
"City" means Mayor and City Council of Baltimore, a
body politic and corporate and a political subdivision of the
State of Maryland, its successors and assigns.
"Company" means Hobelmann Port Services, Inc., a
Delaware corporation, its successors and permitted assigns.
"Guaranty Agreement" means the Guaranty Agreement
to be dated as of the date of delivery of the Bond, to be exe-
cuted and delivered to the Bank by the Company whereby
ORDINANCES 647
the Company fully and unconditionally guarantees to the
Bank as agent for the holder of the Bond the payment of
the principal of and interest on the Bond. The Guaranty
Agreement shall be in such form and contain such pro-
visions as the Mayor of the City shall approve, as set forth
in Section 13 of this Ordinance.
"Holder of the Bond" or "holder of the Bond" means the
registered owner of the Bond, which may be the Bank.
"Industrial Building" means the Industrial Building, and
is intended to have the meaning ascribed to the term "in-
dustrial building" in the Act, which Industrial Building is
more particularly described in Exhibit A attached to, and
made a part of, the Loan Agreement.
"Loan" means the Loan in the principal amount of
$600,000 made by the City to the Company and evidenced
by and described in the Loan Agreement.
"Loan Agreement" means the Loan Agreement to be
dated as of the date of delivery of the Bond, between the
City and the Company evidencing and securing the Loan,
which Loan Agreement shall be substantially in the form
set forth in Section 11 of this Ordinance.
"Ordinance" means this Ordinance.
Sec. 3. Be it further ordained, That, subject to the pro-
visions of this Ordinance, the City is authorized and em-
powered, pursuant to the Act, to issue and sell its City of
Baltimore, Maryland Industrial Development Revenue Bond
(Hobelmann Port Services, Inc. Project) in the principal
amount of $600,000, such Bond to be solely and exclusively
payable from the revenue derived by the City from pay-
ments on the Loan by the Company, and secured by the
Assignment and the Guaranty Agreement, as provided here-
in. The Bond shall be designated "City of Baltimore, Mary-
land Industrial Development Revenue Bond (Hobelmann
Port Services, Inc. Project)", and shall be dated as of May
1, 1978.
The Bond shall bear interest on the unpaid principal
amount thereof, commencing on the date of its delivery, at
the annual rate which is at all times equal to 65% of the
648 ORDINANCES Ord. No. 793
commercial prime rate of interest in effect at the Bank from
time to time (floating). Provided, however, that during any
period in which the interest payable on the Bond is includible
in the gross income (as defined in Section 61 of the Internal
Revenue Code of 1954, as amended) of the holder of the
Bond, the rate of interest payable on the unpaid principal
amount of the Bond shall be the annual rate which is at all
times equal to (a) the commercial prime rate of interest in
effect at the Bank from time to time (floating) plus (b)
iy% % per annum. Provided further, however, that in the
event that a new tax law shall be enacted by the Congress
of the United States of America and shall become law, pro-
viding for a change in the rate of taxation imposed upon the
income of corporations from the rate in effect on the date of
the delivery of the Bond, then, and in that event, the 65%
factor set forth above shall be adjusted in accordance with
the following formula: 1.25 X (1 — new corporate income
tax rate) = adjusted factor (rounded to nearest whole per-
centage) ; provided, however, that such adjustment in the
aforesaid factor shall be made in the following manner: (i)
corporate income tax rate of zero per centum (0%) to thirty
per centum (30%), adjustment made using a new corporate
income tax rate of thirty per centum (30%) ; (ii) corporate
income tax rate of thirty per centum (30%) to sixty per
centum (60%), adjustment made using actual new cor-
porate income tax rate; and, (iii) corporate income tax rate
of sixty per centum (60%) to one hundred per centum
(100%), adjustment made using a new corporate income
tax rate of sixty per centum (60%).
Interest on the Bond shall be calculated on the basis of a
360-day year factor applied to actual days elapsed, and the
interest rate shall be adjusted on any day on which a change
occurs in the Bank's commercial prime rate of interest.
The principal of and interest on the Bond shall be payable
in lawful money of the United States of America at the time
of payment as follows:
(a) interest on the outstanding principal balance shall
be due and payable semi-annually on the first days of May
and November in each year, commencing on November 1,
1978, continuing to and including May 1, 1983, or until the
principal amount shall have been paid in full ;
ORDINANCES 649
(b) commencing on November 1, 1978, continuing to
and including May 1, 1983, the principal amount shall
be paid in 10 equal, consecutive semi-annual installments of
$60,000 each, payable on the first days of May and Novem-
ber in each year;
(c) the Bond will mature, and the entire unpaid balance
of the principal thereof and all accrued and unpaid interest
thereon shall be due and payable on May 1, 1983; and
(d) all payments received shall be applied first to interest
and the balance to principal.
The Bond, which may be printed or typewritten, shall be
substantially in the following form, and the form, with such
changes therein (including the prepayment record to be
attached) as the Mayor of the City shall approve (such ap-
proval to be conclusively evidenced by the execution and de-
livery of the Bond by the Mayor of the City), and, all of the
covenants and conditions therein contained, is hereby
adopted by the City as and for the form and tenor of the ob-
ligation to be incurred by it, and such covenants and con-
ditions, including the promise to pay therein contained, are
hereby made binding upon the City.
FORM OF BOND
$600,000 May 1, 1978
UNITED STATES OF AMERICA
STATE OF MARYLAND
CITY OF BALTIMORE
INDUSTRIAL DEVELOPMENT REVENUE BOND
(HOBELMANN PORT SERVICES, INC. PROJECT)
FOR VALUE RECEIVED, Mayor and City Council of
Baltimore, a body politic and corporate and a political sub-
division of the State of Maryland (the "City"), hereby
promises to pay, solely from the special fund provided there-
for as below set forth, to Maryland National Bank, or its
successor (the "Bank"), or its registered assigns, the prin-
cipal sum of SIX HUNDRED THOUSAND DOLLARS,
with interest on the unpaid principal amount hereof from
_ , 1978, at the annual rate which is at all times
650 ORDINANCES Ord. No. 793
equal to 65 % the commercial prime rate of interest in effect
at the Bank from time to time (floating). Provided, how-
ever, that during any period in which the interest payable
on Bond is validly includible in the gross income (as defined
in Section 61 of the Internal Revenue Code of 1954, as
amended) of the holder of the Bond, the rate of interest
payable on the unpaid principal amount hereof shall be the
annual rate which is at all times equal to (a) the commer-
cial prime rate of interest in effect at the Bank from time to
time (floating) plus (b) 1V&% per annum. Provided fur-
ther, however, that in the event that a new tax law shall
be enacted by the Congress of the United States of Amer-
ica and shall become law, providing for a change in the rate
of taxation imposed upon the income of corporations from
the rate in effect on the date of the delivery of the Bond,
then, and in that event, the 65% factor set forth above shall
be adjusted in accordance with the following formula: 1.25
X (1 — new corporate income tax rate) = adjusted factor
(rounded to nearest whole percentage) ; provided, however,
that such adjustment in the aforesaid factor shall be made
in the following manner: (i) corporate income tax rate of
zero per centum (0%) to thirty per centum (30%), adjust-
ment made using a new corporate income tax rate of thirty
per centum (30%) ; (ii) corporate income tax rate of thirty
per centum (30%) to sixty per centum (60%), adjustment
made using actual new corporate income tax rate; and, (iii)
corporate income tax rate of sixty per centum (60%) to
one hundred per centum (100%), adjustment made using
a new corporate income tax rate of sixty per centum
(60%).
Interest hereon shall be calculated on the basis of a 360-
day year factor applied to actual days elapsed, and the
interest rate shall be adjusted on any day on which a change
occurs in the Bank's commercial prime rate of interest.
The principal hereof and interest hereon shall be paid in
lawful money of the United States of America at the time
of payment as follows :
(a) interest on the outstanding principal balance shall
be due and payable semi-annually on the first days of May
and November in each year, commencing on November 1,
1978, continuing to and including May 1, 1983, or until the
principal amount shall have been paid in full ;
ORDINANCES 651
(b) commencing on November 1, 1978, continuing to and
including May 1, 1983, the principal amount shall be paid in
10 equal, consecutive semi-annual installments of $60,000
each, payable on the first days of May and November in each
year;
(c) this Bond will mature, and the entire unpaid balance
of the principal hereof and all accrued and unpaid interest
hereon shall be due and payable on May 1, 1983; and
(d) all payments received shall be applied first to
interest and the balance to principal.
This Bond is issued pursuant to the authority of Sections
266A to 266-1, inclusive, of Article 41 of the Annotated Code
of Maryland (1978 Replacement Volume), as amended (the
"Act"), and pursuant to and under the authority of an
Ordinance of the City, approved by the Mayor of the City on
, 1978 (the "Ordinance"). Reference is hereby
made to the Ordinance for the provisions, among others,
with respect to (a) the nature and extent of the security
for this Bond, (b) the rights, duties and obligations of the
City and the Bank (both in its individual corporate capacity
and as agent for the holder of this Bond), (c) the terms
upon which this Bond is issued and secured, (d) the modifi-
cation or amendment of any of the foregoing or of the Loan
Agreement (hereinafter defined), and (e) the obligation of
the holder hereof to indemnify the Bank under certain cir-
cumstances ; and, by the acceptance of this Bond, the holder
hereof assents to all of the provisions of the Ordinance and
agrees to be bound thereby.
This Bond is issued for the purpose of financing, in whole
or in part, the cost of the acquisition (as defined in the Act)
by Hobelmann Port Services, Inc., a Delaware corporation
(the "Company") of a certain industrial building (as defined
in the Act) in the City of Baltimore (the "Industrial Build-
ing") and paying expenses incidental thereto so as to help
relieve conditions of unemployment, to encourage the in-
crease of industry, and to help achieve a balanced economy
in the State of Maryland and in the City of Baltimore.
This Bond is a limited obligation of the City, and the prin-
cipal hereof and interest hereon are payable solely from (i)
the moneys to be derived by the City under a Loan Agree-
652 ORDINANCES Ord. No. 793
ment dated , 1978, between the City and the
Company (the "Loan Agreement"), and the collateral
pledged thereunder, pursuant to which the proceeds of the
issuance and sale hereof are being loaned by the City to the
Company for the purpose of providing the aforesaid fi-
nancing, (ii) any and all moneys realized from the sale of
collateral pledged as security for such loan, (iii) any and all
moneys received under the Guaranty Agreement dated
_ , 1978, between the Company and the Bank, and
(iv) moneys derived from all other security referred to in
the Ordinance. Neither this Bond nor the interest payable
hereon shall ever constitute an indebtedness or a charge
against the general credit or taxing powers of the City
within the meaning of any constitutional provision or statu-
tory or charter limitation, and neither shall ever constitute
or give rise to any pecuniary liability of the City.
Pursuant to the Loan Agreement, payments sufficient for
the prompt payment when due of the principal of and inter-
est on this Bond are to be paid by the Company directly to
the Bank, to be held by the Bank as agent for the holder
of this Bond, in a separate and special fund created by Sec-
tion 4 of the Ordinance, to be used by the Bank as agent for
the holder of the Bond, for the payment of the principal of
and interest on this Bond.
The City may under certain circumstances prescribed in
Section 7 of the Ordinance be required to pay (but only out
of amounts made available to the City by the Company or
others for such purposes) all or part of the principal of this
Bond (plus accrued and unpaid interest) before maturity
upon the terms provided in Section 7 of the Ordinance. In
the event of partial prepayment, the holder hereof shall sur-
render this Bond to the Bond Registrar (hereinafter re-
ferred to), for notation hereon that this Bond, to the extent
of the amount prepaid, has been partially prepaid. In the
event of a partial prepayment of this Bond, the sum applied
to the prepayment shall be applied to the prepayment of the
semi-annual installments hereof in the inverse order of their
payment dates. Reference is hereby made to Section 7 of the
Ordinance for the provisions relating to the prepayment of
this Bond, and, by the acceptance of this Bond, the holder
hereof assents to such prepayment provisions and agrees
to be bound thereby.
ORDINANCES 653
Notice of any such prepayment shall be given at least
two (2) banking days prior to the prepayment date by mail-
ing and telegraphing to the registered owner of this Bond
a notice fixing such prepayment date, the amount of prin-
cipal to be prepaid, the interest to be paid through the pre-
payment date and the amount of any premium or additional
interest payable on the prepayment date. The notice re-
quired herein to be given may be waived by the registered
owner of this Bond.
All payments hereunder shall be made in immediately
available funds at the office of Maryland National Bank, 10
Light Street, Baltimore, Maryland 21202. If any principal or
interest payable hereon falls due on any day other than a
banking day at the Bank, then such payment date shall be
extended to the next succeeding full banking day.
In the event any installment of principal or payment of
interest, or both, as hereinabove provided is not paid when
due and payable, such installment of principal or payment
of interest, or both, shall bear interest at the rate of 12%
per annum until paid.
This Bond shall be registered as to both principal
and interest. The Treasurer of the City shall serve as Bond
Registrar, and he shall keep at his principal office, for so
long as this Bond remains outstanding, books for the regis-
tration and transfer hereof. When used herein, the term
"holder of this Bond" shall mean the registered owner from
time to time of this Bond, and the initial holder of this
Bond shall be the Bank.
This Bond shall be transferable only upon the books main-
tained by the Bond Registrar by the registered owner hereof
in person or by his attorney duly authorized in writing, upon
surrender hereof together with a written instrument of
transfer satisfactory to the Bond Registrar duly executed
by the registered owner or his duly authorized attorney.
This Bond is a "security" within the meaning of Title 8 of
the Maryland Uniform Commercial Code, and notwithstand-
ing the provisions herein contained for registration, is and
shall remain, negotiable. The laws of the State of Maryland
shall govern the construction of this Bond.
654 ORDINANCES Ord. No. 793
The City, the Bank as agent for the holder of the Bond,
and the Bond Registrar may deem and treat the person in
whose name this Bond shall be registered as the absolute
owner hereof, whether this Bond shall be overdue or not, for
the purpose of receiving payment of, or on account of, the
principal of and interest hereon and for all purposes, and all
such payments so made to such registered owner or upon his
order shall be valid and effectual to satisfy and discharge
the liability upon this Bond to the extent of the sum or sums
so paid, and neither the City nor the Bank nor the Bond
Registrar shall be affected by any notice to the contrary.
Within 60 days after receipt of a written request from the
holder of this Bond (or within such longer period as may be
reasonably required for the authorization, issuance and
preparation of bonds) the City will take action necessary to
cause serial bonds to be duly authorized and issued, to the
extent permitted by applicable laws, in order that this Bond
may be exchanged for a series of serial bonds. Any serial
bonds so authorized and issued shall be substantially in the
same form as this Bond, with only such changes in amounts,
dates and other details as may be necessary. All such serial
bonds shall (a) bear interest at the same rate, and (b) be
ratably and equally secured by, and entitled to the benefits
of, the Ordinance and the security for the repayment of this
Bond provided for therein. Any expenses incurred by the
City in authorizing and issuing any such serial bonds shall
be paid by the Company.
IT IS HEREBY CERTIFIED, RECITED AND DE-
CLARED that all conditions, acts and things required by
the Constitution and lawrs of the State of Maryland and the
Charter of Mayor and City Council of Baltimore, to exist,
to have happened and to have been performed precedent to
and in the execution and delivery of this Bond exist, have
happened, and have been performed, and that the issuance
of this Bond, together with all other obligations of the City,
does not exceed or violate any constitutional or statutory
debt limitations.
IN WITNESS WHEREOF, MAYOR AND CITY COUN-
CIL OF BALTIMORE, has caused this Bond to be signed by
its Mayor by his manual signature, and has also caused its
corporate seal to be hereunto affixed and attested by the
ORDINANCES 655
manual signature of its Deputy Treasurer all as of the 1st
day of May, 1978.
MAYOR AND CITY COUNCIL
OF BALTIMORE
- By
Deputy Treasurer Mayor
[CITY SEAL]
[HERE SHALL BE ATTACHED THE
PREPAYMENT RECORD]
Sec. 4. Be it further ordained, That in consideration of
the purchase and acceptance of the Bond by those who shall
hold the same from time to time, (i) this Ordinance shall
be deemed to be and shall constitute a contract between the
City and the holder from time to time of the Bond; (ii)
the pledge made herein and the covenants to be performed
by or on behalf of the City shall be for the benefit, protec-
tion and security of the holder of the Bond; (iii) the City
does hereby, and by execution of the Assignment herein-
after approved, set aside and pledge the income and revenue
of the Loan Agreement (other than payments to be made
to the City pursuant to Sections 10.4, 12.2 and 12.9 of the
Loan Agreement and the fourth literary paragraph of Sec-
tion 5.3 of the Loan Agreement) to the Bank as agent for
the holder of the Bond to be held by the Bank as agent for
the holder of the Bond in a separate and special fund to be
used and applied for the payment of the principal of and
interest on the Bond, and for the performance of any other
obligations of the City under this Ordinance; and (iv) the
pledge herein made is valid and binding from the time when
the Bond is issued, and the lien of such pledge shall be
valid and binding as against all parties having claims of
any kind in tort, contract or otherwise against the City, ir-
respective of whether such parties shall have notice thereof.
Sec. 5. Be it further ordained, That simultaneously with
the issuance and sale of the Bond, the City will, pursuant
to the terms of the Loan Agreement and the Act, lend the
proceeds of the issuance and sale thereof to the Company
to be applied to the acquisition of the Industrial Building in
656 ORDINANCES Ord. No. 793
accordance with the provisions of Section 4.3 of the Loan
Agreement.
The proceeds of the Bond shall be advanced to the Com-
pany as provided in the Loan Agreement, and, in order to
insure that such proceeds will be used for the purposes set
forth in the Act, such proceeds will be advanced to the
Company only upon receipt and approval by the Bank as
agent for the holder of the Bond of the Certificate of Com-
pletion and Payment as required by Sections 4.3 and 4.4 of
the Loan Agreement provided.
SEC. 6. Be it further ordained, That the City covenants
that it will promptly pay the principal of and interest on
the Bond, and premium, if any, at the place, on the dates
and in the manner provided in this Ordinance and in the
Bond according to their true intent and meaning; provided
that the Bond, together with the interest thereon, shall be
the limited obligation of the City payable solely from the
moneys derived from (a) the Loan Agreement and the sale
of any collateral pledged thereunder, (b) the Guaranty
Agreement, and (c) all other security referred to in this
Ordinance, and shall be a valid claim of the holder thereof
only against such moneys, which moneys shall be used for
no other purpose than to pay the principal of and interest
on the Bond (except as may be otherwise expressly au-
thorized in this Ordinance) . Neither the Bond nor the in-
terest payable thereon shall ever constitute an indebtedness
or a charge against the general credit or taxing powers of
the City within the meaning of any constitutional or charter
provision or statutory limitation and neither shall ever
constitute or give rise to any pecuniary liability of the City.
Sec. 7. Be it further ordained, That the Bond shall be
subject to prepayment by the City (but only from moneys
received by it from the Company or others) prior to its
expressed maturity as follows:
(a) The Bond shall be prepaid, on any interest payment
date, either as a whole at any time or in part from time to
time, in multiples of $10,000, upon the exercise by the
Company of its option to prepay the amounts due under
the Loan Agreement as provided in Section 11.1 of the Loan
Agreement, at a prepayment price of the principal amount
ORDINANCES 657
to be prepaid, together with unpaid interest thereon ac-
crued to the date fixed for prepayment, without payment of
premium or penalty unless the Bond shall be prepaid, either
as a whole or in part, on or before May 1, 1979, in which
event a premium in the amount of 3% of the principal
amount to be prepaid shall be charged in addition to the
prepayment price.
(b) The Bond shall be prepaid, as a whole but not in
part, upon the occurrence of an event which under Section
11.2 of the Loan Agreement obligates the Company to
prepay amounts due under the Loan Agreement. Section
11.2 of the Loan Agreement provides that the Company
shall be obligated to prepay amounts due under the Loan
Agreement in the event that (i) as a result of federal, state
or local constitutional, legislative, administrative or judicial
action the Loan Agreement shall have become void, un-
enforceable or impossible of performance; or (ii) the Com-
pany, or its permitted successors or assigns, shall, for any
reason whatsoever, discontinue the use and occupancy of
the Industrial Building, or any part thereof, for its intended
purposes. If the Bond is prepaid pursuant to this Section
7 (b) , the prepayment price shall be equal to the outstanding
principal amount of the Bond together with unpaid interest
on the Bond accrued to the date fixed for prepayment.
(c) The Bond shall be prepaid, as a whole but not in
part, upon any occurrence under the Loan Agreement,
which gives the City, the Bank as agent for the holder of
the Bond or the holder of the Bond the option to accelerate
the maturity of the amounts payable under the Loan Agree-
ment, at a prepayment price equal to the outstanding prin-
cipal amount thereof together with unpaid interest accrued
to the date of prepayment.
The City shall prepay the outstanding principal amount
of the Bond (or a portion thereof in the event of partial
prepayment), the interest thereon accrued and unpaid to
the prepayment date, and the premium, if any, immediately,
and only, upon receipt by the City of any sums payable by
the Company under the Loan Agreement as a result of the
occurrence of any event set forth in (a) , (b) or (c) above;
and the City hereby covenants to apply all sums so re-
ceived by it for such purpose to the prepayment of the
658 ORDINANCES Ord. No. 793
Bond. In the event such sums are not sufficient to provide
for the prepayment of the entire outstanding principal
amount of the Bond, such sums shall be applied to the pre-
payment of the installments of principal of the Bond in the
inverse order of the semiannual installment payment dates.
In the event of a partial prepayment, the holder of the
Bond shall surrender the Bond to the Bond Registrar (here-
inafter referred to) for notation thereon that the Bond, to
the extent of the amount prepaid, has been partially prepaid.
Notice of any prepayment shall be given at least two (2)
banking days prior to the prepayment date by mailing or
telegraphing to the registered owner of the Bond a notice
stating the prepayment date, the amount of principal to be
prepaid, the interest to be paid through the prepayment
date and the amount of any premium or additional interest
payable on the prepayment date. The notice may be waived
by the registered owner of the Bond.
SEC. 8. Be it further ordained, That payment of the Bond
and the interest thereon shall be made to the registered
owner thereof by the Bank as agent for the holder of the
Bond. All payments of principal, interest and other charges
required by this Ordinance or the Bond shall be made at
the office of the Bank, 10 Light Street, Baltimore, Mary-
land 21202, in lawful money of the United States of Amer-
ica, in immediately available funds. If any principal or
interest payment on the Bond falls due on a Saturday,
Sunday or public holiday at the place of payment thereof,
then such date shall be extended to the next succeeding
full banking day at such place.
When the principal of and interest on the Bond shall
have been fully paid, the Bond shall forthwith be sur-
rendered to the Bond Registrar for cancellation.
Sec. 9. Be it further ordained, That the Bond shall be
registered as to both principal and interest. The Treasurer
of the City shall serve as Bond Registrar, and he shall
keep at his principal office, for so long as the Bond remains
outstanding, books for the registration and transfer of the
Bond.
ORDINANCES 659
The Bond shall be transferable only upon the books
maintained by the Bond Registrar by the registered owner
thereof in person or by his attorney duly authorized in
writing, upon surrender thereof together with a written
instrument of transfer satisfactory to the Bond Registrar
duly executed by the registered owner or his duly author-
ized attorney.
The City, the Bank as agent for the holder of the Bond
and the Bond Registrar may deem and treat the person in
whose name the Bond shall be registered as the absolute
owner of the Bond, whether the Bond shall be overdue
or not, for the purpose of receiving payment of, or on
account of, the principal of and interest on the Bond and
for all other purposes, and all such payments so made to
such registered owner or upon his order shall be valid and
effectual to satisfy and discharge the liability upon the
Bond to the extent of the sum or sums so paid, and neither
the City nor the Bank nor the Bond Registrar shall be
affected by any notice to the contrary.
Within 60 days after receipt of a written request from
the holder of the Bond (or within such longer period as
may be reasonably required for the authorization, issuance
and preparation of bonds) the City will take action neces-
sary to cause serial bonds to be duly authorized and issued,
to the extent permitted by applicable laws, in order that
the Bond may be exchanged for a series of serial bonds.
Any serial bonds so authorized and issued shall be sub-
stantially in the same form as the Bond (as set forth in
Section 3 of this Ordinance), with only such changes in
amounts, dates and other details as may be necessary. All
such serial bonds shall (a) bear interest at the same rate,
and (b) be ratably and equally secured by, and entitled to
the benefits of, this Ordinance, and the security for the re-
payment of the Bond provided for herein. Any expenses
incurred by the City in authorizing and issuing any such
serial bonds shall be paid by the Company. The term
"Bond" as used in this Ordinance shall be deemed to in-
clude any serial bonds so authorized and issued.
Sec. 10. Be it further ordained, That the payments re-
quired to be made by the Company, as set forth in Section
5.3 of the Loan Agreement (other than payments due to
660 ORDINANCES Ord. No. 793
the City under the fourth literary paragraph of such Sec-
tion 5.3), shall be paid, as set forth in the Assignment,
directly to the Bank as agent for the holder of the Bond at
its offices at 10 Light Street, Baltimore, Maryland 21202,
and held by the Bank as ag-ent for the holder of the Bond in
the separate special fund referred to in Section 4 (iii) hereof
in trust for the holder of the Bond, and such sums shall
be withdrawn and applied to the payment of the principal
of and interest on the Bond as the same become due.
Sec. 11. Be it further ordained, That the Loan Agree-
ment by and between the City and the Company, pursuant
to which the City will lend $600,000 to the Company for
the purpose of financing the acquisition by the Company
of the Industrial Building, shall be substantially in the
following form, and the form and all of the covenants and
conditions therein contained, with such changes therein
as the Mayor of the City shall approve (such approval to
be conclusively evidenced by the execution and delivery of
the Loan Agreement by the Mayor of the City), is hereby
adopted by the City as and for the form and tenor of the
obligation to be incurred, and such covenants and condi-
tions are hereby made binding upon the City.
FORM OF LOAN AGREEMENT
LOAN AGREEMENT
THIS LOAN AGREEMENT, made as of the day
of , 1978, between MAYOR AND CITY COUN-
CIL OF BALTIMORE, a body politic and corporate and a
political subdivision of the State of Maryland, (herein-
after called the "City"), and HOBELMANN PORT SERV-
ICES, INC., a corporation organized and existing under
the laws of the State of Delaware (hereinafter called the
"Company").
WITNESSETH :
Whereas, Chapter 352 of the 1972 Session of the Gen-
eral Assembly of Maryland, as amended, being Sections
266A to 266-1, inclusive, of Article 41 of the Annotated Code
of Maryland (1978 Replacement Volume), as amended
(hereinafter called the "Act"), makes legislative findings
that conditions of unemployment exist in many areas of
ORDINANCES 661
the State of Maryland; the development of new commer-
cial, industrial and manufacturing plants are essential to
relieve this unemployment and to establish a balanced
economy within the State of Maryland; and the present
and prospective health, happiness, safety, right of gainful
employment, and general welfare of the citizens of each of
the counties and municipalities of the State of Maryland
will be promoted by the establishment of industrial build-
ings; and
Whereas, the Act authorizes the municipalities and
counties of the State of Maryland to issue revenue bonds
for the purpose of providing funds to pay all or any part
of the cost of the acquisition (as that term is defined in
the Act) of industrial buildings (as that term is defined
in the Act), and to lend any such funds to an industrial
concern, for such purposes as shall effectuate the purposes
of the Act, under a loan agreement which may provide
that the industrial buildings shall become the property of
the industrial concern upon the acquisition thereof and
may contain such other terms and conditions consistent
with the Act 'as shall be agreed upon; and
Whereas, the Company has requested the City to pro-
vide financing for the acquisition of the Industrial Build-
ing (hereinafter defined) to be located Within the City of
Baltimore; and
Whereas, the Company has represented to the City that
the Industrial Building is suitable for and will be used for
purposes permitted for industrial buildings (as the term is
defined in the Act) ; and
Whereas, the City has agreed, upon the terms and con-
ditions hereinafter in this Loan Agreement set forth, to
lend funds to the Company to be used for the purposes of
paying the cost of the acquisition of the Industrial Build-
ing and to raise such funds by the issuance and sale of its
industrial development revenue bond pursuant to the Or-
dinance (hereinafter defined) ; and
Whereas, the industrial development revenue bond is-
sued under the Ordinance will be secured by (a) an assign-
ment of the City's interest in this Loan Agreement,
including the revenues and receipts derived, and the col-
lateral pledged, hereunder, which have been pledged under
662 ORDINANCES Ord. No. 793
the Ordinance to the Bank (hereinafter denned), as agent
for the holder of the industrial development revenue bond,
and (b) by the Guaranty Agreement (hereinafter denned).
NOW, THEREFORE, in consideration of the repre-
sentations, warranties, covenants, terms and agreements
herein contained and other good and valuable considera-
tion, the receipt and sufficiency of which are hereby ac-
knowledged, the parties hereto agree as follows; provided,
that in the performance of the agreements of the City
herein contained, any obligation it may incur for the pay-
ment of money shall not create a pecuniary liability or a
charge upon its general credit or against its taxing powers
but shall be payable solely out of the proceeds derived
from this Loan Agreement and the sale of the Bond re-
ferred to in Section 4.2 hereof:
ARTICLE I.
Definitions
The following words and terms as used in this Agree-
ment shall have the following meanings unless the context
or use clearly indicates another or different meaning or
intent:
"Acquisition" or "acquisition" means, when used in re-
gard to the Industrial Buildings, the acquisition of the
Industrial Buildings as such meaning is intended in the
Act, and shall include, where applicable and without limi-
tation, the purchase, construction, rehabilitation, remodel-
ing, extension, equipping and permanent improvement of
the Industrial Buildings.
"Act" means Chapter 352 enacted by the 1972 Session
of the General Assembly of Maryland, as amended, being
Sections 266A to 266-1, inclusive, of Article 41 of the An-
notated Code of Maryland (1978 Replacement Volume), as
amended.
"Agreement" means this Loan Agreement.
"Assignment" means the Assignment of even date here-
with by which the City assigns to the Bank as agent for
the holder of the Bond, all of its right, title and interest
in and to, and remedies under, this Agreement and moneys
due and to become due to the City hereunder and all col-
ORDINANCES 663
lateral pledged hereunder, as security for the Loan as set
forth in the Assignment.
"Authorized City Representative" means the person at
the time designated to act on behalf of the City by written
certificate furnished to the Company and the Bank as
agent for the holder of the Bond, containing the specimen
signature of such person and signed on behalf of the City
by the Mayor of the City. Such certificate may designate
an alternate or alternates.
"Authorized Company Representative" means the person
or persons at the time designated to act on behalf of the
Company by written certificate furnished to the City and
the Bank as agent for the holder of the Bond, containing
the specimen signature of such person and signed on be-
half of the Company by its President or one of its Vice
Presidents. Such certificate may designate an alternate
or alternates.
"Bank" means Maryland National Bank, a national bank-
ing association, and its successors and, except for a sub-
sequent purchaser of the Bond (hereinafter defined), its
assigns.
"Bank as agent for the holder of the Bond" means the
Bank acting in its fiduciary capacity as agent for the holder
of the Bond, performing the functions described in the
Ordinance (hereinafter defined) and in the Assignment.
"Banking Day" means a day other than a Saturday,
Sunday or legal holiday in the State of Maryland.
"Bond" means the City of Baltimore, Maryland Industrial
Development Revenue Bond (Hobelmann Port Services, Inc.
Project) dated as of May 1, 1978, in the principal amount
of $600,000 to be issued pursuant to the Ordinance (here-
inafter defined) , without pecuniary liability on the part of
the City. In the event the Bond is at any time exchanged
for serial bonds as set forth in Section 9 of the Ordinance
(hereinafter defined), then, and in that event, the term
"Bond" shall be deemed to include, and shall mean, such
serial bonds.
"City" means Mayor and City Council of Baltimore, a
body politic and corporate and a political subdivision of
the State of Maryland, and its successors and assigns.
664 ORDINANCES Ord. No. 793
"Code" means the Internal Revenue Code of 1954, as
amended, and the Treasury Regulations issued thereunder.
"Collateral" means the Collateral referred to and de-
scribed in Section 2.2 of this Agreement.
"Company" means Hobelmann Port Services, Inc., a Dela-
ware corporation, and its successors and assigns.
"Guaranty Agreement" means the Guaranty Agreement
of even date herewith, executed and delivered by the Com-
pany whereby the Company fully and unconditionally
guarantees to the Bank for the benefit of the holder of the
Bond the payment of the principal of and interest on the
Bond.
"Holder of the Bond" or "holder of the Bond" means
the registered owner of the Bond, which may be the Bank.
"Industrial Building" means the Industrial Building,
and is intended to have the meaning ascribed to the term
"industrial building" in the Act, which Industrial Build-
ing is more particularly described in Exhibit A attached
to this Agreement and made a part hereof.
"Loan" means the Loan in the principal amount of
$600,000 evidenced by and described in this Agreement
to be made by the City to the Company.
"Loan Agreement" means this Loan Agreement.
"Loan Term" means the period the Loan is to be out-
standing as specified in Section 5.1 hereof.
"Net Proceeds" when used with respect to any con-
demnation award or insurance proceeds allocable to the
Industrial Buildings means the gross proceeds from con-
demnation or insurance so allocable, with respect to which
that term is used, remaining after payment of all expenses
(including attorney's fees and any extraordinary expenses
of the Bank as agent for the holder of the Bond) incurred
in the collection of such gross proceeds.
"Ordinance" means Ordinance No. of the City ap-
proved by the Mayor of the City on , 1978,
by which the City has, inter alia, authorized the execution
and delivery of this Loan Agreement, the Assignment and
ORDINANCES 665
the Guaranty Agreement (for the limited purposes therein
provided), and the issuance and sale and execution and
delivery of the Bond, and has pledged the moneys derived
and to be derived by the City from this Agreement to
secure the punctual payment of the Bond and the interest
thereon.
"Prepayment Provisions" means, with respect to the
Bond, the provisions for the prepayment of the Bond pur-
suant to Section 7 of the Ordinance.
The words "hereof", "herein", "hereunder", "hereto",
and other words of similar import refer to this Agree-
ment as a whole.
References to Articles, Sections, and other subdivisions
of this Agreement are to the designated Articles, Sections,
and other subdivisions of this Agreement as originally
executed.
The headings of this Agreement are for convenience only
and shall not define or limit the provisions hereof.
ARTICLE II.
Lending Clauses and Security
Sec. 2.1. The Loan. The City agrees, upon the terms and
subject to the conditions contained in this Agreement, to
make the Loan to the Company in the amount of $600,000.
The Company unconditionally promises to repay the prin-
cipal of the Loan with interest thereon as provided in this
Agreement.
Sec. 2.2. Security. As security for the Loan, the Company
hereby assigns to the City and its assigns (including the
Bank as agent for the holder of the Bond), and grants to
the City and its assigns (including the Bank as agent for
the holder of the Bond) a security interest in, all of the
Company's right, title and interest in and to, and remedies
under, (a) Article XIX of that certain Imported Vehicle
Service and Storage Contract dated February 13, 1978
(hereinafter called the "Service Contract") between the
Company and Nissan Motor Corporation in U.S.A., a Cali-
fornia corporation (hereinafter called "Nissan"), including,
666 ORDINANCES Ord. No. 793
without limitation, the rights of the Company to receive
the monthly rental payments referred to in Article XIX of
the Service Contract, and (b) the sublease from the Bor-
rower to Nisaan referred to in Article XIX of the Service
Contract, and all proceeds thereof (collectively, hereinafter
called the "Collateral" ). The Company agrees that with
respect to the Collateral the City and its assigns (including
the Bank as agent for the holder of the Bond) shall have
all of the rights and remedies of a secured party under
the Maryland Uniform Commercial Code. With respect to
the Collateral the Company covenants and agrees that :
(a) It will not transfer, sell or assign its interest in
the Collateral, nor permit any other security interest to
be created thereon.
(b) Upon the occurrence of an Event of Default here-
under the City and its assigns (including the Bank as agent
for the holder of the Bond) shall have the unconditional
right, and is hereby authorized, to notify Nissan of the
occurrence of the Event of Default and to request that
Nissan make all of the monthly rental payments referred
to in Article XIX of the Service Contract, as well as all other
payments to be made by Nissan under the sublease referred
to in Article XIX, directly to the Bank as agent for the
holder of the Bond. The Company hereby authorizes and
directs Nissan, upon receipt by Nissan of such notice and
request, to make all such payments directly to the Bank
as agent for the holder of the Bond.
(c) All rights conferred on the City and its assigns
(including the Bank as agent for the holder of the Bond)
hereby are in addition to those granted to it by the Uni-
form Commercial Code and any other law. Failure or re-
peated failure to enforce any rights hereunder shall not
constitute an estoppel or waiver of the City's (or its
assignee's) rights to exercise such rights accruing prior
to or subsequent thereto.
ARTICLE III.
Representations and Warranties; Findings
Sec. 3.1 Representations by the City. The City makes the
following representations :
ORDINANCES 667
(a) Corporate Existence. The City is a body politic and
corporate and a political subdivision of the State of Mary-
land. Under the provisions of the Act, the City has the
power to enter into the transactions contemplated by this
Agreement and to carry out its obligations hereunder.
By proper action, the City has been duly authorized to
execute and deliver this Agreement, to enter into the
transactions contemplated hereby and to issue and sell the
Bond.
(b) Issuance of the Bond. To finance the cost of the
acquisition of the Industrial Building the City has agreed
at the request of the Company to issue and sell the Bond
and to lend the proceeds thereof to the Company pursuant
to the terms and conditions of this Agreement.
(c) Pledge of Proceeds of the Loan. As provided in the
Ordinance pursuant to which the Bond is to be issued and
sold, the City's interest in this Loan Agreement and the
moneys derived by the City from the repayment of the
Loan will be pledged for payment of the principal of and
interest on the Bond and for any other payment referred
to in Section 5.3 hereof.
Sec. 3.2. Representations and Warranties by the Com-
pany. The Company makes the following representations
and warranties:
(a) Good Standing. The Company (i) is a corporation
duly organized and existing, in good standing, under the
laws of the State of Delaware, (ii) has the corporate power
to own its property and to carry on its business as now
being conducted, and (iii) is duly qualified to do business
and is in good standing in each jurisdiction in which the
character of the properties owned by it therein or in which
the transaction of its business makes such qualification
necessary.
(b) Corporate Authority. The Company has full power
and authority to enter into this Agreement, to make the
borrowing hereunder, to execute and deliver this Agree-
ment, the Guaranty Agreement, and all other documents
necessary in the premises, and to incur the obligations
provided for herein and therein, all of which have been
duly authorized by all proper and necessary corporate
668 ORDINANCES Ord. No. 793
action. No consent or approval of stockholders or of any
public authority or regulatory body is required as a con-
dition to the validity or enforceability of this Agreement
or the Guaranty Agreement.
(c) Binding Agreements. This Agreement and the
Guaranty Agreement, have been duly and properly executed
by the Company, constitute the valid and legally binding
obligations of the Company, and are fully enforceable
against the Company in accordance with their respective
terms.
(d) No Conflicting Agreements. The execution and per-
formance by the Company of this Agreement and the
Guaranty Agreement will not (a) violate (i) any order of
any court or other agency of government binding upon
the Company, (ii) the charter of the Company, or (iii) the
By-laws of the Company, or (b) violate any indenture,
contract, agreement or other instrument to which the Com-
pany is a party, or by which it or any of its property is
bound, or (c) be in conflict with, result in a breach of or
constitute (with due notice and/or lapse of time) a default
under, any such indenture, contract, agreement or other
instrument.
(e) Litigation. There are no actions, suits or pro-
ceedings (whether or not purportedly on behalf of the
Company) pending or, to the knowledge of the Company,
threatened against or affecting the Company at law or in
equity or before or by any federal, State, municipal or
other governmental department, commission, board, bureau,
agency or instrumentality, domestic or foreign, which in-
volve the transactions contemplated in this Agreement or the
possibility of any judgment or liability which may result in
any material and adverse change in the business, operations,
prospects, properties or assets or in the condition, financial
or otherwise, of the Company; and the Company is not, to
the knowledge of the Company, in default with respect
to any judgment, order, writ, injunction, decree, rule or
regulation of any court or federal, State, municipal or other
governmental department, commission, board, bureau,
agency or instrumentality, domestic or foreign, which would
have a materially adverse effect on the Company.
(f) Financial Condition. The balance sheet of the Com-
ORDINANCES 669
pany as of December 31, 1977, together with statements
of profit and loss and of surplus for the period then ended,
heretofore delivered to the Bank, are complete and correct
and fairly present the financial condition of the Company
and the results of its operations and transactions in its
surplus accounts as of the date and for the period referred
to and have been prepared in accordance with generally
accepted accounting principles applied on a consistent basis
throughout the period involved. There are no liabilities,
direct or indirect, fixed or contingent, of the Company as
of the date of such balance sheet which are not reflected
therein or in the notes thereto. There has been no material
adverse change in the financial condition or operations of
the Company since the date of such balance sheet. The Com-
pany has good and marketable title to all its properties
and assets, and all such properties and assets are free and
clear of mortgages, pledges, liens, charges and other encum-
brances, except as reflected on such balance sheet or the
notes thereto, except for liens or security interests in favor
of the Bank.
(g) Utility Arrangements and Permits. The Company
has procured, or hereby agrees to use its best efforts to
procure, from the appropriate state, county, municipal,
and other authorities and corporations, connection and dis-
charge arrangements for the supply of water, gas, elec-
tricity and other utilities and sewage and industrial waste
disposal for the operation of the Industrial Building.
(h) Taxes. The Company has filed or caused to be filed
all federal, State and local tax returns which, to the knowl-
edge of the officers of the Company, are required to be
filed, and has paid or caused to be paid all taxes as showTi
on such returns or on any assessment received by it, to the
extent that such taxes have become due. The Company has
set up reserves which are believed by the Company to be
adequate for the payment of additional taxes for years
which have not been audited by the respective tax author-
ities.
(i) Use of Loan Proceeds. The Company intends to use
the proceeds of the Loan solely to acquire the Industrial
Building. The Company intends the Bond to be an "Indus-
trial Development Bond" within the meaning of Section
103(b)(2) of the Code.
670 ORDINANCES Ord. No. 793
Substantially all of the proceeds of the Bond will be used
to acquire land or to acquire property of a character subject
to the allowance for depreciation as prescribed in Section
103(b)(6)(A) of the Code; and the Company will not
commit any act which will adversely affect the tax exempt
status of the interest on the Bond. No part of the proceeds
of the Bond will be used to finance inventory or for work-
ing capital. On the basis of the facts, estimates and circum-
stances in existence on the date of this Agreement, a period
of less than one year from the date of issuance of the Bond
is necessary for the completion of the acquisition of the
Industrial Building".
(j) Liens on Collateral. There exist (s) no lien or liens
on the Collateral pledged as security for the Loan under
Section 2.2 of this Agreement, other than a security
interest in favor of the Bank which will be released upon
delivery of the Bond.
(k) Commencement of Work and Binding Obligations.
The Company did not commence work on, and did not incur
any binding obligations for the acquisition of, the Indus-
trial Building until after October 5, 1977. The Company
would not have undertaken to acquire the Industrial Build-
ing without the assurances of the City (evidenced by the
acceptance on October 5, 1977 by the Mayor of the City of
the Company's letter of intent to the City dated September
7, 1977) that the City would issue and sell the Bond and
loan the proceeds thereof to the Company to pay the costs
of the acquisition of the Industrial Building.
(1) Service Contract. The Service Contract is in full
force and effect on the date hereof, and neither the Com-
pany nor Nissan is in default under the terms thereof.
Sec. 3.3. Findings by City. The City hereby confirms its
findings that the acquisition of the Industrial Building will
promote the purposes of the Act by (i) maintaining em-
ployment and relieving unemployment in the City of Bal-
timore, and elsewhere in the State of Maryland; (ii) en-
couraging the increase of industry and a balanced economy
in the State of Maryland and in the City of Baltimore;
(iii) promoting economic development; and (iv) thus pro-
ORDINANCES 671
moting the health, welfare and safety of the residents of
the City of Baltimore and of the State of Maryland.
ARTICLE IV.
Commencement and Completion of the
Industrial Building; Issuance of the Bond
Sec. 4.1. Agreement to Acquire the Industrial Building.
The Company covenants and agrees that:
(a) It will cause the Industrial Building to be acquired
substantially in accordance with the description of the
Industrial Building set forth in Exhibit A attached hereto.
(b) It will submit all plans and specifications for the
Industrial Building to the Bank and the Department of
Housing and Community Development for approval. The
Company understands that, in addition to the economic
feasibility of the construction of the Industrial Building,
the Department of Housing and Community Development
may consider, without limitation, the suitability of the
site plan, architectural treatment, building plans, elevations,
materials, color, construction details, access parking, loading,
landscaping, identification signs, exterior lighting, refuse
collection details, streets, sidewalks, and harmony between
the plans and the surroundings of the proposed Industrial
Building; and that the Department of Housing and Com-
munity Development may refuse approval of such plans
and specifications for aesthetic or functional reasons.
(c) It and its developers will work with the design
advisory group appointed by the Department of Housing
and Community Development in order to achieve high
quality site, building, and landscape design.
(d) Without the prior written consent of the Bank as
agent for the holder of the Bond, it and its contractors will
not make any changes in the Industrial Buildings to be
acquired as described in Exhibit A attached hereto.
SEC. 4.2. Agreement to Issue Bond; Application of Bond
Proceeds. In order to provide funds for payment of the
costs of acquisition provided for in Section 4.3 hereof, the
City agrees that it will issue and sell the Bond and cause
the Bond to be delivered to the Bank pursuant to and in
672 ORDINANCES Ord. No. 793
accordance with the Ordinance. Upon receipt of the pro-
ceeds of the Bond, the City will disburse such proceeds to
the Company in accordance with the provisions of the
Ordinance and Section 4.3 of this Agreement.
Sec. 4.3. Disbursement of the Loan Proceeds. The City
and the Company hereby authorize and direct the use of
the proceeds of the Loan for the following purposes and
for no other purpose:
(a) Payment of the necessary expenses of preparing
and selling the Bond; the fees and expenses for recording
or filing any financing statements required by the City or
the Bank as agent for the holder of the Bond to be re-
corded or filed, and any other documents or instruments,
the filing or recording of which either the City, the Bank
as agent for the holder of the Bond, or the Company, or
counsel to the City, the Bank as agent for the holder of
the Bond, or the Company may reasonably deem desirable;
and the fees and expenses in connection with the com-
mencement and prosecution of any action or proceeding
that either the City, the Bank as agent for the holder of
the Bond, or the Company, or counsel to the City, the Bank
as agent for the holder of the Bond, or the Company may
reasonably deem desirable in connection with this Agree-
ment and the transactions contemplated hereby.
(b) Payment to the Company of such amount, if any,
as shall be necessary to reimburse the Company for all ad-
vances and payments made or costs incurred by the Com-
pany prior to or after the execution of this Agreement for
expenditures in connection with the preparation of any
plans and specifications for the Industrial Building (in-
cluding any preliminary study of the Industrial Building
or any aspect thereof) ; site improvements; any and all
direct costs of acquisition of the Industrial Building; the
construction, acquisition and installation necessary to pro-
vide utility services; acquisition of all other real and per-
sonal property deemed necessary in connection with the
Industrial Building; and for miscellaneous expenses inci-
dental to any of the above (including, without limitation,
fees for architectural, engineering and supervisory serv-
ices with respect to any of the foregoing).
ORDINANCES 673
(c) Payment of the legal and accounting fees (includ-
ing those of the Bank as agent for the holder of the Bond
and the City) and expenses incurred in connection with
the authorization, issuance and sale of the Bond, the prep-
aration of this Agreement and all other documents in con-
nection therewith and in connection with the acquisition
of title to the Industrial Building; and payment of the fees,
or out-of-pocket expanses, of the City, if any, incurred
with respect to the Industrial Building or the Bond to be
issued under the Ordinance.
(d) Payment for labor, services, materials and sup-
plies used or furnished for any of the purposes or objec-
tives set out in Section 4.3 (b) above.
(e) Payment of any other expenses authorized under
the Act and approved by the Bank as agent for the holder
of the Bond.
The proceeds of the Bond will be disbursed by the Bank,
directly to the Company, but only upon receipt and ap-
proval by the Bank as agent for the holder of the Bond
of the Certificate of Completion and Payment described
in Section 4.4 of this Agreement.
The Company covenants that substantially all of the
proceeds of the Bond shall be used in compliance with
Section 103(b) (2) of the Code, and shall be used for the
acquisition of land or the acquisition, construction or in-
stallation of property of a character subject to the allow-
ance for depreciation as prescribed in Section 103(b)
(6) (A) of the Code.
Sec. 4.4. Certificate of Completion and Payment. The
completion of the Industrial Building shall be evidenced
to the Bank as agent for the holder of the Bond and the
City by a certificate signed by the Authorized Company
Representative stating in substance that (1) the acquisi-
tion of the Industrial Building has been completed in ac-
cordance with the description thereof set forth in Exhibit
A hereto and any plans and specifications submitted to
and approved by the Bank and the City, and all labor,
services, materials and supplies used in such acquisition
have been paid for, (2) all other improvements necessary
in connection with the Industrial Building have been ac-
674 ORDINANCES Ord. No. 793
quired and constructed substantially in accordance with
the description thereof set forth in Exhibit A hereto, and
all costs and expenses incurred in connection therewith
have been paid, (3) the Industrial Building is suitable
and sufficient for its intended purposes, (4) substantially
all of the proceeds from the Bond will be used for pur-
poses allowable under Section 103(b) (2) of the Code, and
(5) the Industrial Building has been completed to the
satisfaction of Nissan and is suitable for, and is being
utilized for, the intended purposes as set forth in the
Service Contract.
Notwithstanding the foregoing, such certificate shall
state that it is given without prejudice to any rights
against third parties which exist at the date of such Cer-
tificate or which may subsequently come into being.
SEC. 4.5. Company Required to Pay Costs in the Event
Bond Proceeds Insufficient. In the event the proceeds of
the Bond available for payment of the costs of the acqui-
sition of the Industrial Building shall not be sufficient to
pay the costs thereof in full (including all items of cost
set forth in Section 4.3 hereof), the Company agrees to
complete the acquisition of the Industrial Building and
pay all that portion of the costs of the acquisition of the
Industrial Building (including all items of cost set forth
in Section 4.3 hereof) as may be in excess of the proceeds
of the Bond available therefor. The City does not make
any warranty, either express or implied, that the proceeds
of the Bond which, under the provisions of this Agree-
ment, will be available for payment of the costs of the
acquisition of the Industrial Building will be sufficient to
pay all the costs which will be incurred in that connection
(including all items of cost set forth in Section 4.3 hereof).
The Company agrees that if after exhaustion of the pro-
ceeds of the Bond the Company shall pay any portion of
the costs of the acquisition of the Industrial Building pur-
suant to the provisions of this Section, it shall not be entitled
to any reimbursement therefor from the City, or from the
Bank, or from the Bank as agent for the holder of the
Bond, or from the holder of the Bond, nor shall it be en-
titled to any diminution of the amounts payable hereunder.
ORDINANCES 675
ARTICLE V.
Effective Date of This Agreement; Duration of Loan
Term; Ownership and Possession of Industrial Building;
Repayment Provisions; Obligations of Company Uncon-
ditional
Sec. 5.1. Effective Date of This Agreement; Duration of
Loan Term. This Agreement shall become effective upon
its delivery, and shall expire on such date as the Bond has
been fully paid and retired and all other payments re-
quired hereunder have been made; provided however, that
the expiration of this Agreement shall not affect the Com-
pany's obligation to pay to the holder of the Bond an addi-
tional amount after the Bond has been fully paid and re-
tired in the event that the holder of the Bond in a tax
return or as a result of a deficiency assessment or other-
wise, incurs a tax liability as more fully set out in Section
5.3 hereof.
SEC. 5.2. Ownership and Possession vf the Industrial
Building. The City agrees that the Industrial Building shall
be the sole property of the Company and that the Com-
pany shall enjoy the sole and exclusive ownership and
possession of the Industrial Building (subject to the right
of the City to enter thereon for inspection and other pur-
poses pursuant to the provisions of Section 9.2 hereof).
The City covenants and agrees that it will not take any
action, other than pursuant to Article X of this Loan
Agreement and its general police powers, to prevent the
Company from having quiet and peaceable enjoyment of
the Industrial Building.
Sec. 5.3. Amounts Payable. The Company promises to
repay the Loan with interest on the unpaid principal
amount thereof, from the date hereof, at the annual rate
which is at all times equal to 65% of the commercial prime
rate of interest in effect at the Bank from time to time
(floating). Provided, however, that during any period in
which the interest payable on the Bond is validly includ-
ible in the gross income (as defined in Section 61 of the
Internal Revenue Code of 1954, as amended) of the holder
of the Bond, the rate of interest payable on the unpaid
676 ORDINANCES Ord. No. 793
principal amount of the Loan shall be the annual rate
which is at all times equal to (a) the commercial prime
rate of interest in effect at the Bank from time to time
(floating) plus (b) 1%% per annum (hereinafter called
the "Taxable Rate") . Provided further, however, that in the
event that a new tax law shall be enacted by the Congress
of the United States of America and shall become law,
providing for a change in the rate of taxation imposed
upon the income of corporations from the rate in effect
on the date of the delivery of the Bond, then, and in that
event, the 65% factor set forth above shall be adjusted in
accordance with the following formula: 1.25 X (1 — new
corporate income tax rate) = adjusted factor (rounded
to nearest whole percentage) ; provided, however, that
such adjustment in the aforesaid factor shall be made in
the following manner: (i) corporate income tax rate of
zero per centum (0%) to thirty per centum (30%), ad-
justment made using a new corporate income tax rate of
thirty per centum (30%); (ii) corporate income tax rate
of thirty per centum (30%) to sixty per centum (60%),
adjustment made using actual new corporate income tax
rate; and, (iii) corporate income tax rate of sixty per
centum (60%) to one hundred per centum (100%), ad-
justment made using a new corporate income tax rate of
sixty per centum (60%). Interest shall be calculated on
the basis of a 360-day year factor applied to actual days
elapsed, and the interest rate shall be adjusted on any day
on which a change occurs in the Bank's commercial prime
rate of interest.
The principal of and interest on the Loan shall be pay-
able in lawful money of the United States of America at
the time of payment as follows:
(a) interest on the outstanding principal balance shall
be due and payable semi-annually on the first days of May
and November in each year, commencing on November 1,
1978, continuing to and including May 1, 1983, or until
the principal amount shall have been paid in full;
(b) commencing on November 1, 1978, continuing to
and including May 1, 1983, the principal amount shall be
paid in 10 equal, consecutive installments of $60,000 each,
payable on the first days of May and November in each
year;
ORDINANCES 677
(c) the Loan will mature, and the entire unpaid bal-
ance of the principal thereof and all accrued and unpaid
interest thereon shall be due and payable on May 1, 1983;
and
(d) all payments received shall be applied first to in-
terest and the balance to principal.
In any event, each and every payment to be made under
this Section shall be sufficient to pay the payments of
interest on and the installments of the principal of and
interest on the Bond when due (whether at maturity, by
redemption, by acceleration or otherwise).
The Company agrees to pay to (and within 30 days
after the request of) the City, the Bank, or the Bank as
agent for the holder of the Bond, until the principal of and
interest on the Bond shall have been paid in full, (i) the
ordinary and reasonable fees, charges and expenses of the
City, the Bank, and the Bank as agent for the holder of
the Bond incurred in connection with the transactions con-
templated by this Agreement as and when the same become
due, and (ii) the reasonable fees, charges and expenses
incurred by the City under the Ordinance as and when the
same become due, including, but not limited to, any ex-
penses incurred by the City in authorizing and issuing
serial bonds pursuant to Section 9 of the Ordinance.
In the event that interest payable on the Bond is deter-
mined to be includible in the gross income (as defined in
Section 61 of the Internal Revenue Code of 1954, as
amended) of the holder of the Bond so as to cause the
rate of interest on the Bond to be the Taxable Rate, the
Company agrees to pay, on demand, directly to the holder
of the Bond an additional amount of money, which when
added to the interest paid on the Bond from the date the
interest became so includible in the gross income of the
holder would cause the total amount of interest on the
Bond from such date to the date upon which the rate of
interest on the Bond is so increased, to have been paid at
a rate equal to the Taxable Rate, and such amount shall
be considered additional interest on the Bond.
In the event that after the Bond has been fully paid and
retired, any holder of the Bond, in a tax return or as a
result of a deficiency or otherwise, incurs a tax liability
678 ORDINANCES Ord. No. 793
under circumstances that, were the Bond then outstanding,
would cause the rate of interest payable on the Bond to be
the Taxable Rate, the Company agrees to pay, on demand,
directly to that holder of the Bond an additional amount
of money, which when added to the interest paid on the
Bond from the date the interest became includible in the
gross income of that holder, would cause the total amount
of interest on the Bond from such date to the date upon
which the interest on the Bond was no longer includible
in the gross income of that holder to have been paid at a
rate equal to the Taxable Rate, and such amount shall be
considered additional interest on the Bond. In the event
that after the Bond has been transferred in accordance
with Section 9 of the Ordinance but prior to the date on
which the Bond has been fully paid and retired, any pre-
vious holder of the Bond, in a tax return or as a result of
a deficiency or otherwise, incurs a tax liability as a result
of the interest payable on the Bond being includible in
the gross income (as defined in Section 61 of the Code) of
such previous holder of the Bond, the Company agrees to
pay, on demand, directly to that previous holder of the
Bond an additional amount of money, which when added
to the interest paid on the Bond from the date the interest
on the Bond became so includible in the gross income of
that holder of the Bond, would cause the total amount of
interest on the Bond from such date to the date upon which
the interest on the Bond was no longer includible in the
gross income of that holder to have been paid at a rate
equal to the Taxable Rate, and such amount shall be con-
sidered additional interest on the Bond.
In the event the Company should fail to make any of the
payments required in this Section, the item or installment
so in default shall continue as an obligation of the Com-
pany until the amount in default shall have been fully paid,
and the Company agrees to pay such item or installment
in default with interest thereon at the rate of 12% per
annum until paid.
Sec. 5.4. Place of Payments. The payments provided for
in the first literary paragraph of Section 5.3 hereof shall
be made in immediately available funds directly to the
Bank as agent for the holder of the Bond, at its offices at
10 Light Street, Baltimore, Maryland 21202. If any payment
ORDINANCES 679
hereunder falls due on any day which is not a Banking
Day, then such payment date shall be extended to the next
succeeding full Banking Day. The payments to be made un-
der the fourth literary paragraph of Section 5.3 hereof shall
be paid directly to the Bank as agent for the holder of the
Bond or directly to the City as the case may require.
Sec. 5.5 Obligations of the Company Hereunder Uncon-
ditional. The obligation of the Company to make the pay-
ments required in Section 5.3 hereof and to perform and
observe the other agreements on its part contained herein
shall be absolute and unconditional, irrespective of any
defense or any rights of set-off, recoupment or counterclaim
it might otherwise have against the City, and the Company
shall pay absolutely net during the term of this Agreement
the payments to be made on account of the Loan as pre-
scribed in Section 5.3 and all other payments required
hereunder, free of any deductions and without abatement,
diminution or set-off other than those herein expressly
provided; and until such time as the principal of and interest
on the Bond shall have been fully paid, the Company: (i)
will not suspend or discontinue any payments provided for
in Section 5.3 hereof; (ii) will perform and observe all of
its other agreements contained in this Agreement; and (iii)
except as provided in Article XII hereof, will not terminate
this Agreement for any cause, including, without limiting
the generality of the foregoing, failure of the Company to
complete the acquisition of the Industrial Building, the
occurrence of any acts or circumstances that may constitute
failure of consideration, destruction of or damage to the
Industrial Building, commercial frustration of purpose, any
change in the tax laws of the United States of America or
of Maryland or any political subdivision or either of these,
or any failure of the City to perform and observe any agree-
ment, whether express or implied, or any duty, liability or
obligation arising out of or connected with this Agreement,
except to the extent permitted by this Agreement.
ARTICLE VI.
Affirmative and Negative Covenants
Sec. 6.1. Affirmative Covenants. Throughout the Loan
Term the Company shall :
680 ORDINANCES Ord. No. 793
(a) Maintenance of Existence. Preserve and maintain
its existence in good standing as a Delaware corporation and
will cause each of its subsidiaries to maintain its corporate
existence in good standing in the jurisdiction of its incor-
poration.
(b) Maintenance of Properties. Keep the Industrial
Building and all of its other properties and improvements,
necessary in the judgment of the Company to its business,
in good working order and condition for its intended purpose
and duration of use, ordinary wear and tear excepted. The
Company shall make all replacements and repairs rea-
sonably required to insure the foregoing.
(c) Compliance with Applicable Laivs. Comply with the
requirements of all applicable laws, rules, regulations, and
orders of any governmental authority, a breach of which
would materially and adversely affect (i) the financial condi-
tion of the Company, or (ii) the ability to use the Industrial
Building for the purposes for which it was designed, except
where contested in good faith and by proper proceedings,
provided, that in the sole opinion of the Bank as agent for
the holder of the Bond the security for the Loan will not be
impaired during the period it is so contested.
(d) Litigation. Promptly give notice in writing to the
City and the Bank as agent for the holder of the Bond of
any litigation, pending or threatened, and of any proceeding
before any governmental or regulatory agency which, if
adversely determined, would materially affect (a) the finan-
cial condition of the Company, or (b) the Company's use of
the Industrial Building for the purposes for which it was
designed.
(e) Taxes and Claims. Pay and discharge and cause
each of its subsidiaries to pay and discharge, all taxes,
assessments and governmental charges or levies imposed
upon any of them on their income or properties prior to the
date on which penalties attach thereto, and all lawful claims
which, if unpaid, might become a lien or charge upon such
properties (including the Industrial Building) to such an
extent as to materially adversely affect the Company's
ability to use such properties for the purposes for which
they were designed, provided that the Company shall not
be required to pay any such tax, assessment, charge, levy
ORDINANCES 681
or claim, the payment of which is being- contested in good
faith and by proper proceedings.
(f) Insurance. Maintain, and cause each of its sub-
sidiaries to maintain, insurance with responsible insur-
ance companies on such of their properties, including the
Industrial Building, in such amounts and against such risks
as is customarily maintained by similar businesses operating
in the same vicinity. The Company shall file, and cause each
of its subsidiaries to file, with the Bank as agent for the
holder of the Bond upon its request a detailed list of the
insurance then in effect, stating the names of the insurance
companies, the amounts and rates of the insurance, dates
of the expiration thereof and the properties and risks
covered thereby; and, within 30 days after notice in writing
from the holder of the Bond, or the Bank as agent for the
holder of the Bond, obtain such additional insurance as the
holder of the Bond, or the Bank as agent for the holder
of the Bond, may reasonably request. If the Industrial Build-
ing is located in an area which shall at any time be desig-
nated as a special flood hazard area, the Bank as agent for
the holder of the Bond must be furnished with a flood insur-
ance policy in the amount of the Loan or the maximum limit
of coverage available on the Industrial Building, whichever
is less.
(g) Financial Statements. Furnish to the Bank as
agent for the holder of the Bond and to the holder of the
Bond:
(i) as soon as available but in no event more
than 15 working days after the end of each fiscal quarter, a
consolidated balance sheet of the Company and its subsid-
iaries, as of the end of such quarter, and a consolidated
statement of earnings and surplus of the Company and its
subsidiaries, for such period, and consolidated income and
expense statements for such period, certified by the princi-
pal financial officer of the Company and accompanied by a
certificate of that officer stating whether any event has
occurred which constitutes an event of default hereunder,
or which would constitute such an event of default with
the giving of notice or lapse of time or both, and if so, stat-
ing the facts with respect thereto ; and
682 ORDINANCES Ord. No. 793
(ii) at the request of the Bank as agent for the
holder of the Bond, as soon as available but in no event more
than 15 working days after the end of each month, a con-
solidated balance sheet of the Company and its subsidiaries,
as of the end of such month, and a consolidated statement
of earnings and surplus of the Company and its subsidiaries,
for such period, and consolidated income and expense state-
ments for such period, certified by the principal financial
officer of the Company ; and
(iii) as soon as available but in no event more than
90 days after the close of each of the Company's fiscal years,
(1) a copy of the annual financial statement in reasonable
detail satisfactory to the Bank relating to the Company and
its subsidiaries, prepared in accordance with generally
accepted accounting principles and examined and reported
upon by independent certified public accountants reasonably
satisfactory to the Bank, which financial statement shall
include a consolidated balance sheet of the Company and
its subsidiaries, as at the end of such fiscal year, and a con-
solidated statement of earnings and surplus of the Company
and its subsidiaries, for such fiscal year, and (2) if re-
quested by the Bank as agent for the holder of the Bond,
a cash flow projection report prepared by the Company
in a format reasonably acceptable to the Bank; and
(iv) as soon as available but in no event more than
90 days after the close of each of the Company's fiscal
years, a letter or opinion of the accountants who examined
the annual financial statement relating to the Company
and its subsidiaries, stating whether anything in such ac-
countants' examination has revealed the occurrence of an
event which constitutes an event of default hereunder or
which would constitute such an event of default with the
giving of notice or the lapse of time or both, and, if so,
stating the facts with respect thereto, unless, as a matter
of policy, such accountants do not furnish such letters or
opinions; and
(v) such additional information, reports or state-
ments as the Bank may from time to time reasonably re-
quest, including (without limitation) monthly and quarterly
consolidating financial statements relating to the Company
and its subsidiaries, including balance sheets, statements
of earnings and surplus and income and expense statements.
ORDINANCES 683
(h) Current Ratio. Maintain a ratio of consolidated
current assets of the Company and its subsidiares to con-
solidated current liabilities of the Company and its sub-
sidiaries of (i) not less than 0.9 to 1 during the period com-
mencing on the date hereof to and including- December 30,
1978, and (ii) thereafter not less than 1 to 1. "Consolidated
current assets" and "consolidated current liabilities' are to
be determined both as to classification of items and amounts
in accordance with generally accepted accounting nr'n^iples
as applied to the Company on a consistent basis bv the
Company's accountants in the preparation of Us previous
annual financial statements.
(i) Consolidated Long Term Liabilities to Consolidated
Net Worth Ratio. Maintain a ratio of consolidated long
term liabilities to consolidated net worth (both defined in
accordance with generally accepted acrountin~ nr'nciples
consistently applied to the Company and its subsidiaries)
of not greater than 1 to 1.
(j) Consolidated Annual Cash Floiv to Consolidated
Annual Debt Service. Maintain a ratio of consolidated
annual cash flow to consolidated annual debt service of not
less than 2 to 1. For purposes of this Section "cash flow"
means (i) net profits plus depreciation and amortization,
divided by (ii) the current portion — of long term debt.
(k) Consolidated Net Worth. Maintain a consolidated
net worth of the Company and its subsidiaries of not less
than:
(i) $2,000,000 during the period commencing on
the date hereof to and including December 31, 1978,
(ii) $2,200,000 during the period commencing on
January 1, 1979 to and including December 31, 1979,
(iii) $2,400,000 during the period commencing on
January 1, 1980 to and including December 31, 1980,
(iv) $2,600,000 during the period commencing on
January 1, 1981 to and including December 31, 1981,
(v) $2,800,000 during the period commencing on
January 1, 1982 to and including May 1, 1983.
Sec. 6.2. Negative Covenants. Throughout the Loan
Term, the Company shall not, directly or indirectly, with-
684 ORDINANCES Ord. No. 793
out the prior written consent of the Bank as agent for the
holder of the Bond (it being understood that such consent
shall not be withheld arbitrarily or for reasons other than
the protection of the holder of the Bond) :
(a) Borrowings. Create, incur, assume or suffer to
exist any liability for borrowed money, or permit any sub-
sidiary to do so, except (a) indebtedness in existence on
the date hereof and of which the Company has informed
the Bank in writing- prior to the date hereof, (b) indebted-
ness of the Company or any subsidiary secured by mort-
gages, encumbrances or liens specifically permitted by sub-
section (b) of this Section 6.2, and (c) indebtedness to
the Bank.
(b) Mortgages and Pledges. Create, incur, assume or
suffer to exist any mortgage, pledge, lien or other encum-
brance of any kind upon, or any security interest in, any
of its property or assets, whether now owned or hereafter
acquired, or permit any subsidiary to do so, except (a)
liens for taxes not delinquent or being contested in good
faith and by appropriate proceedings, (b) liens in connec-
tion with workmen's compensation, unemployment insur-
ance or other social security obligations, (c) deposits or
pledges to secure bids, tenders, contracts (other than con-
tracts for the payment of money) , leases, statutory obliga-
tions, surety and appeal bonds and other obligations of
like nature arising in the ordinary course of business, (d)
mechanics', workmen's, materialmen's, landlords', carriers',
or other like liens arising in the ordinary course of busi-
ness with respect to obligations which are not due or which
are being contested in good faith, (e) any mortgage cre-
ated in connection with the refinancing of indebtedness in
existence on the date hereof, (f) any mortgage, encum-
brance or other lien upon, or security interest in, any
property, or interest therein, hereafter acquired by the
Company or any subsidiary, which mortgage, encum-
brance, lien or security interest is created contemporane-
ously with such acquisition to secure or provide for the
payment or financing of any part of the purchase price
thereof, or the assumption of any mortgage, encumbrance
or lien upon, or security interest in, any such property
hereafter acquired existing at the time of such acquisition,
or the acquisition of any such property subject to any
ORDINANCES 685
mortgage, encumbrance or other lien or security interest
without the assumption thereof, provided that (i) the in-
debtedness secured by any such mortgage, encumbrance,
lien or security interest so created, assumed or existing
shall not exceed 75% of the cost of the property covered
thereby to the corporation acquiring the same, and (ii)
each such mortgage, encumbrance, lien or security interest
shall attach only to the property so acquired and fixed
improvements thereon and (iii) the acquisition to which
any such mortgage, encumbrance, lien or security interest
relates shall not result in a default under any other provi-
sion of this Agreement, including, but not limited to sub-
section (i) of this Section 6.2.
(c) Merger, Acquisition or Sale of Assets. Enter into
any merger or consolidation or acquire all or substantially
all the assets of any person, firm, joint venture or cor-
poration, or sell, lease, or otherwise dispose of any of its
assets, or permit any subsidiary to do so, (except assets
disposed of in the ordinary course of business) (except
that a solvent wholly-owned subsidiary may be merged or
consolidated with another solvent wholly-owned subsidi-
ary or into the Company). Any consent of the Bank as
agent for the holder of the Bond to the disposition of any
asset may be conditioned on a specified use of the proceeds
of the disposition.
(d) Loans. Make loans or advances to any person,
firm, joint venture or corporation (including, without limi-
tation, loans or advances to subsidiaries of the Company),
or permit any subsidiary to do so, exceeding, in the aggre-
gate for the Company and all its subsidiaries, to all per-
sons, firms, joint ventures and corporations, the sum of
$25,000 at any one time outstanding.
(e) Additional Stock. Issue any additional stock of
any class.
(f ) Contingent Liabilities. Assume, guarantee, endorse,
contingently agree to purchase or otherwise become liable
upon the obligation of any person, firm, joint venture or
corporation, or permit any subsidiary to do so, except (a)
by the endorsement of negotiable instruments for deposit
or collection or similar transactions in the ordinary course
of business, and (b) guarantees by the Company of con-
686 ORDINANCES Ord. No. 793
tractual obligations (other than for the payment of bor-
rowed money) of any wholly-owned subsidiary.
(g) Investments. Purchase or acquire the obligations
or stock of, or any other or additional interest in, any per-
son, firm, joint venture, corporation or other enterprise
whatsoever, or permit any subsidiary to do so, except (a)
general obligations, of, or obligations unconditionally guar-
anteed as to principal and interest by, the United States of
America, (b) bonds, debentures, participation certificates
or notes issued by any agency or corporation which is or
may hereafter be created by Act of the Congress of the
United States as an agency or instrumentality thereof,
(c) Public Housing Bonds, Temporary Notes or Prelimi-
nary Loan Notes, fully secured by contracts with the
United States, (d) certificates of deposit issued by the
Bank, and (e) commercial paper issued by bank holding
companies owning national banks.
(h) Capital Expenditures. Except for the Industrial
Building and the Company's expansion now in process in
Jacksonville, Florida, make any capital expenditures, or
permit any subsidiary to do so, exceeding, in the aggre-
gate for the Company and all its subsidiaries, during any
one fiscal year, the total sum of $200,000, non-cumulative.
(i) Dividends and Purchase of Stock, Declare any divi-
dends (other than dividends payable in capital stock of
the Company) on any shares of any class of its capital
stock (other than preferred stock outstanding on the date
hereof) or apply any of its property or assets to the pur-
chase, redemption or other retirement of, or set apart any
sum for the payment of any dividends on, or for the pur-
chase, redemption or other retirement of, or make any
other distribution by reduction of capital or otherwise in
respect of, any shares of any class of capital stock of the
Company, or permit any subsidiary to purchase or acquire
any shares of any class of capital stock of the Company.
(j) Sale and Leaseback. Directly or indirectly enter
into any arrangement whereby the Company, or any sub-
sidiary, shall sell or transfer all or any substantial part of
its fixed assets then owned by it and shall thereupon or
within one year thereafter rent or lease the assets so sold
or transferred.
ORDINANCES 687
(k) Stock of Subsidiaries. Sell or otherwise dispose of
any shares of capital stock of any subsidiary (except in
connection with a merger or consolidation of any solvent
wholly-owned subsidiary into the Company, or with another
solvent wholly-owned subsidiary or the dissolution of any
subsidiary) or permit any subsidiary to issue any addi-
tional shares of its capital stock except pro rata to its
stockholders.
(1) Liabilities of Subsidiaries. Permit any subsidiary
to have any liabilities except (a) liabilities other than for
borrowed money incurred in the ordinary course of busi-
ness, and (b) liabilities for borrowed money to the extent
permitted by subsection (a) of this Section 6.2.
(m) Leases. Enter into any new operating leases as
lessee of real property, machinery or equipment for terms
in excess of one year, or permit any subsidiary to do so,
if any such arrangement would result in total rental pay-
ments under all such new operating leases exceeding, in
the aggregate for the Company and all its subsidiaries, the
total sum of $100,000 in any fiscal year.
(n) Sale of Accounts Receivable. Sell, discount, trans-
fer, assign, or otherwise dispose of any of its accounts
receivable, notes receivable, installment or conditional sales
agreements or any other of its rights to receive income,
revenues or moneys, however evidenced, or permit any sub-
sidiary to do so.
(o) Payments to Stockholders. Except for loans to
VICO Corporation in existence on the date hereof (which
may not be increased), pay or lend, or permit any payment
of or loan of, either directly or indirectly, any sum or sums
of money to any of the Company's stockholders for any
purpose whatsoever.
ARTICLE VII.
Damage and Condemnation;
Application of Net Proceeds
Sec. 7.1. Damage, Destruction and Condemnation. Un-
less the payments required to be made pursuant to Section
5.3 hereof shall have been accelerated pursuant to the pro-
visions of Section 10.2(a) hereof, or the Company shall
688 ORDINANCES Ord. No. 793
have become obligated pursuant to Article XI hereof to
prepay such amounts, if prior to full payment of the Bond
(i) the Industrial Building or any portion or portions
thereof are damaged by fire or other casualty or are de-
stroyed (in whole or in part), or (ii) title to, or the use
of, the Industrial Building or any part thereof or the in-
terest of the Company in the Industrial Building or any
part thereof shall be taken under the exercise of the power
of eminent domain by any governmental body or by any
person, firm, or corporation acting under governmental
authority, either temporarily or permanently, the Company
shall be obligated to continue to pay the amounts specified
in this Agreement, and the Company will cause the Net
Proceeds resulting from any event described in this Section
7.1 to be applied to either (a) the prompt repair, restora-
tion, relocation, modification or improvement of the In-
dustrial Building by the Company, in a manner approved
by and satisfactory in all respects to the Bank as agent
for the holder of the Bond, or (b) the prepayment of the
Loan.
Sec. 7.2. Insufficiency of Net Proceeds. If the Net Pro-
ceeds are insufficient to pay in full the cost of any repair,
restoration, relocation, modification or improvement re-
ferred to in Section 7.1, hereof, the Company will none-
theless complete the work and will pay any costs of such
work in excess of the amount of the Net Proceeds.
ARTICLE VIII.
Special Covenants and Provisions
Sec. 8.1. No Warranty of Condition or Suitability by the
City. The City makes no warranty, either express or im-
plied, as to the condition of the Industrial Building or any
part thereof, or that the Industrial Buildings will be suit-
able (including, without limitation, zoning and availability
of utilities) for the Company's purposes or needs.
Sec. 8.2. Right of Access to the Industrial Building.
The Company agrees that the City, the Bank as agent for
the holder of the Bond, the holder of the Bond and their
duly authorized agents shall have the right at all reason-
able times to enter upon the Industrial Building and the
ORDINANCES 689
land appurtenant thereto to examine and inspect the In-
dustrial Building and to enforce any remedies in the
event of a default under this Agreement.
Sec. 8.3. City and Company Representatives. The Com-
pany and the City, respectively, shall designate, in the
manner prescribed in Article I hereof, the Authorized
Company Representative and the Authorized City Repre-
sentative. In the event that any person so designated and
his alternate or alternates, if any, should become unavail-
able or unable to take any action or make any certificate
provided for or required in this Agreement, a successor
shall be appointed in the same manner. Whenever under
the provisions of this Agreement the approval of the City
or the Company is required, or the City or the Company
is required to take some action at the request of the other,
such approval or such request shall be given for the City
by the Authorized City Representative, and for the Com-
pany by the Authorized Company Representative; and the
other party hereto, the Bank as agent for the holder of
the Bond and the holder of the Bond are authorized to
rely upon any such approval or request, and neither party
hereto shall have any complaint against the other nor
against the Bank as agent for the holder of the Bond or
the holder of the Bond as a result of any such reliance.
Sec. 8.4. Further Assurances and Corrective Instru-
ments. The City and the Company agree that they will,
from time to time, execute and deliver or cause to be
executed and delivered, such supplements hereto and such
further instruments as may reasonably be required for
carrying out the intention of the parties to, or facilitating
the performance of, this Agreement.
Sec. 8.5. Covenants with Respect to Use of Bond Pro-
ceeds. The City is issuing the Bond with the intention that
the interest on the Bond be and remain free from federal
income taxation and is covenanting with the holder of the
Bond that the City (i) will make no use of the proceeds
of the Bond which, if such use had been reasonably ex-
pected on its date of issuance, would have caused the Bond
to be an "arbitrage bond" within the meaning of Section
103(c) of the Code as in effect at the time of such issu-
690 ORDINANCES Ord. No. 793
ance, and (ii) will comply to the extent applicable with
the requirements of Section 103(c) of the Code. To that
end the Company covenants with the City for the benefit
of the holder of the Bond that it (i) will make no use of
the proceeds of the Bond which, if such use had been
reasonably expected on its date of issuance, would have
caused the Bond to be an "arbitrage bond" within the
meaning of Section 103(c) of the Code as in effect at the
time of such issuance, and (ii) will comply to the extent
applicable with the requirements of Section 103(c) of the
Code. The Company will not (a) take any action, (b) fail
to take any action, or (c) make any use of the Industrial
Building or the proceeds of the Bond, which would cause
the interest on the Bond to be or become subject to federal
income taxes in the hands of the holder of the Bond.
Sec. 8.6. Modification of the Industrial Building by the
Company. Subject to the representations and warranties
contained in Section 3.2 hereof, the agreements contained
in Section 4.1 hereof, and the covenants set forth in Sec-
tion 8.5 above, the Company may, from time to time, and
at its own expense, and with the prior written consent of
the holder of the Bond, install additional property or other-
wise improve, alter, or replace the Industrial Building
with property of equal or greater value.
Sec. 8.7. Restriction on Transfer and Encumbrance of
Industrial Building by the Company. The Company agrees
that it will not, during the Loan Term, sell, assign, lease,
transfer, convey or otherwise dispose of the Industrial Build-
ing (including the land appurtenant thereto) or any portion
thereof nor create or suffer to exist any lien or encumbrance
upon the Industrial Building during the Loan Term.
Sec. 8.8. No Pecuniary Liability. The Act prescribes,
and the parties intend that by reason of making this Agree-
ment, by reason of the issuance of the Bond, by reason of
the performance of any act required of it by this Agreement,
or by reason of the performance of any act requested of it
by the Company, no indebtedness or charge against the
general credit or taxing powers of the City within the mean-
ing of any constitutional or charter provision or statutory
limitation shall occur or shall ever constitute or give rise
ORDINANCES 691
to any pecuniary liability of the City. Nevertheless, if the
City shall incur any such pecuniary liability, then in such
event the Company shall indemnify and hold the City
harmless therefrom.
Sec. 8.9. No Liability to Third Parties. Throughout the
Loan Term, no person or entity contracting with the Com-
pany with respect to the Industrial Building shall be reim-
bursed by the City under any circumstances whatsoever.
The City's issuance of the Bond and loan of the proceeds
thereof to the Company shall in no way be construed as
obligating the City in any way to any person or entity for
the payment of any expense incurred with respect to the
Industrial Building.
ARTICLE IX.
Assignment and Prepayment
Sec. 9.1. No Assignment by Company. This Agreement
may not be assigned by the Company without the prior
written consent of the holder of the Bond.
Sec. 9.2. Assignment by City. The City has, simul-
taneously with the delivery of this Agreement, by execu-
tion and delivery of the Assignment, assigned all moneys
due and to become due to the City under this Agreement
and all of the City's right, title and interest in and to, and
remedies under, this Agreement to the Bank as agent for
the holder of the Bond as security for the payment of the
principal of and interest on the Bond and all sums payable
under the Ordinance. The Company agrees that it will make
payment directly to the Bank as agent for the holder of the
Bond of all sums specified herein as amounts payable or to
become payable by the Company, other than payments to
be made to the City pursuant to the fourth literary para-
graph of Section 5.3 hereof and Sections 10.4, 12.2 and 12.9
hereof, notwithstanding any term of this Agreement or
the non-performance by the City of any obligation here-
under, or any other matter or event whatsoever, including
without limitation, the bankruptcy, insolvency, liquidation
or nonexistence of the City, which might otherwise relieve
the Company from the obligation to pay such amount, and
that the same shall be paid at the respective times specified
692 ORDINANCES Ord. No. 793
herein for the payment thereof, and the receipt by the
Bank as agent for the holder of the Bond of such payments
shall discharge the obligations of the Company to the City
hereunder to the extent thereof. The Company agrees that
no such payment shall be subject to any right of setoff,
counterclaim or any other defense which the Company may
or might now or hereafter have against the City, the Bank
as agent for the holder of the Bond, or the holder of the
Bond, and that all such payments shall be final, and the
Company shall not seek to recover from the Bank as agent
for the holder of the Bond for any reason whatsoever, any
moneys paid by the Company to the Bank as agent for the
holder of the Bond by virtue of this Agreement or the As-
signment. The Assignment shall not impose on the Bank as
agent for the holder of the Bond any of the duties, liabili-
ties, or obligations of the City hereunder, but the Bank as
agent for the holder of the Bond shall acquire thereby all
rights of the City hereunder to collect and receive all sums
payable hereunder, or amounts equal thereto, as are neces-
sary to pay the Loan in full and to constitute the Bank as
agent for the holder of the Bond the beneficiary of the
obligations of the Company herein contained.
Sec. 9.3. Prepayment of the Bond. Upon the payment
of any amounts due under Section 5.3 hereof or elsewhere
in this Agreement and if adequate provision has been made
to assure that money sufficient to effect prepayment will
be on deposit with the Bank as agent for the holder of the
Bond on the date fixed for prepayment (including any pre-
mium or additional interest required under the Prepayment
Provisions), the City or the assignee under the Assignment,
at the request at any time of the Company, and if the same
is then subject to prepayment, shall forthwith take all steps
that may be necessary under the Prepayment Provisions
to effect prepayment of all or part of the then outstanding
principal and unpaid accrued interest on the Bond, on the
earliest prepayment date on which such prepayment may
be made under the Prepayment Provisions.
Sec. 9.4. Reference to Bond Ineffective After Bond Paid.
Except as provided in the sixth literary paragraph of Sec-
tion 5.3 hereof, upon payment in full of the Bond and all
fees and charges of the Bank, the Bank as agent for the
ORDINANCES 693
holder of the Bond and the City, all references in this Agree-
ment to the Bond shall be ineffective, and the holder of the
Bond shall thereafter have no rights hereunder, saving and
excepting those that shall have theretofore vested.
ARTICLE X.
Events of Default and Remedies
Sec. 10.1. Defaults. It shall be an "event of default"
under this Agreement, if any of the following shall occur:
(a) Any representation or warranty made by the Com-
pany herein or any statement or representation made in
any certificate, report or opinion (including legal opinions)
delivered pursuant to this Agreement or the Guaranty
Agreement shall prove to have been incorrect in any ma-
terial respect when made or shall be breached ; or
(b) Default shall be made by the Company in the pay-
ment of any amounts due under this Agreement within 15
days from the date the same is due and payable, whether
at maturity, by obligation or election to prepay, or other-
wise; or
(c) Default shall be made by the Company in the due
observance or performance of any covenant, condition or
agreement contained in Section 6.1(h), 6.1 (i), 6.1 (j) or
6.1 (k) hereof or in Section 6.2 hereof, and such default is
not cured within 30 days after the occurrence thereof; or
(d) Default shall be made by the Company in the due
observance or performance of any other term, covenant
or agreement herein contained, which default shall remain
unremedied for 30 days after written notice thereof shall
have been given to the Company by the Bank as agent for
the holder of the Bond or by the holder of the Bond ; or
(e) Default shall be made by the Company with respect
to any evidence of indebtedness or liability for borrowed
money of the Company (other than the obligations here-
under) or of any subsidiary if the effect of such default is to
accelerate the maturity of such evidence of indebtedness
or liability or to permit the holder or obligee thereof to
cause any indebtedness to become due prior to its stated
maturity, or any such indebtedness shall not be paid as and
when due and payable ; or
694 ORDINANCES Ord. No. 793
(f) The Company, or any subsidiary, shall (i) apply
for or consent to the appointment of a receiver, trustee or
liquidator of itself or any of its property, (ii) admit in
writing its inability to pay its debts as they mature, (iii)
make a general assignment for the benefit of creditors, (iv)
be adjudicated a bankrupt or insolvent, (v) file a voluntary
petition in bankruptcy, or a petition or an answer seeking
reorganization or an arrangement with creditors or to take
advantage of any bankruptcy, reorganization, insolvency,
readjustment of debt, dissolution or liquidation law or
statute, or an answer admitting the material allegations
of a petition filed against it in any proceeding under any
such law, or if corporate action shall be taken by the Com-
pany, or any such subsidiary, for the purposes of effecting
any of the foregoing, or (vi) by any act indicates its consent
to, approval or acquiescence in any such proceeding or the
appointment of any receiver of or trustee for the Company,
or any such subsidiary, or any substantial part of its prop-
erty, or suffers any such receivership, trusteeship or pro-
ceeding to continue undischarged for a period of 60 days; or
(g) An order, judgment or decree shall be entered, with-
out the application, approval or consent of the Company, or
any subsidiary, by any court of competent jurisdiction, ap-
proving a petition seeking reorganization of the Company,
or any such subsidiary, or of all or a substantial part of the
assets of the Company, or any such subsidiary, or appointing
a receiver, trustee or liquidator of the Company, or any such
subsidiary, and such order, judgment or decree shall con-
tinue unstayed and in effect for any period of 60 days; or
(h) Any judgment against the Company, or any sub-
sidiary, or any attachment or other levy against the prop-
erty of the Company or any subsidiary, with respect to a
claim, for any amount in excess of $50,000 remains unpaid,
unstayed on appeal, undischarged, unbonded or undismissed
for a period of 30 days ; or
(i) An Event of Default shall occur under the Guaranty
Agreement; or
(j) William A. Kroh shall for any reason whatsoever
cease to be the chief executive officer of the Company; or
(k) Any change shall occur in the financial condition or
operation of the Company, which, in the opinion of the
ORDINANCES 695
holder of the Bond, would have a substantial adverse affect
on the Company's credit worthiness or its ability to operate
properly, and as a result thereof the holder of the Bond, in
good faith, shall have determined that the security for the
Loan is inadequate or that the prospect of payment of the
Loan has been impaired.
Sec. 10.2. Remedies on Default. Whenever any "event of
default" described in Section 10.1 hereof shall have occurred:
(a) The Bank as agent for the holder of the Bond, or the
holder of the Bond, may, by written notice to the Company,
declare forthwith due and payable the principal of and in-
terest on the Loan and all other moneys payable hereunder,
whereupon the same will become forthwith due and payable,
without further protest, presentment, notice or demand, all
of which are expressly waived by the Company.
(b) The Bank as agent for the holder of the Bond, or
the holder of the Bond, or the City, may from time to time
take whatever action at law or in equity may appear neces-
sary or desirable to collect the moneys payable by the Com-
pany hereunder, (whether then due or thereafter to become
due) , or to enforce performance and observance of any obli-
gation, agreement or covenant of the Company under this
Agreement.
Sec. 10.3. No Remedy Exclusive. No remedy herein con-
ferred upon or reserved to the City or the holder of the
Bond or the Bank as agent for the holder of the Bond is in-
tended to be exclusive of any other available remedy or
remedies, but each and every such remedy shall be cumula-
tive and shall be in addition to every other remedy given
under this Agreement or now or hereafter existing at law or
in equity or by statute. No delay or omission to exercise any
right or power accruing upon any default shall impair any
such right or power or shall be construed to be a waiver
thereof, but any such right or power may be exercised from
time to time and as often as may be deemed expedient. In
order to entitle the City, the holder of the Bond or the Bank
as agent for the holder of the Bond to exercise any remedy
reserved to them in this Article, it shall not be necessary to
give any notice, other than such notice as may be herein
expressly required. Such rights and remedies as are given
696 ORDINANCES Ord. No. 793
the City hereunder shall also extend to the Bank as agent
for the holder of the Bond ; and the Bank as agent for the
holder of the Bond and the holder of the Bond, subject to
the provisions of the Ordinance, shall be entitled to the bene-
fit of all covenants and agreements herein contained.
Sec. 10.4. Agreement to Pay Attorney's Fees and Ex-
penses. In the event the Company should default under any
of the provisions of this Agreement, and the City or the
Bank as agent for the holder of the Bond or the holder of
the Bond shall hire attorneys or incur other expenses for
the collection of the payments due hereunder or the enforce-
ment or performance or observance of any obligation or
agreement on the part of the Company herein contained, the
Company agrees that it will on demand therefor pay to the
City, the Bank as agent for the holder of the Bond, and the
holder of the Bond the reasonable fees of such attorneys and
such other reasonable expenses incurred by the City, the
Bank as agent for the holder of the Bond, or the holder of
the Bond.
Sec. 10.5. No Additional Waiver Implied by One Waiver.
In the event any term, covenant or agreement contained in
this Agreement shall be breached by either party and there-
after waived by the other party, such waiver shall be limited
to the particular breach hereunder.
ARTICLE XL
Prepayment
Sec. 11.1. Optional Prepayment. The Company shall have
the right upon two Banking Days' prior written notice to
the City and the Bank as agent for the holder of the Bond
and the holder of the Bond, to prepay the moneys due here-
under in whole or in part on any interest payment date, pro-
vided that (i) each partial prepayment shall be in the
amount of $10,000 or a multiple thereof, (ii) interest on the
amount prepaid accrued to the prepayment date, shall be
paid on such prepayment date, and (iii) each partial pre-
payment shall be applied to the principal due hereunder in
the inverse order of the installment payment dates. Such
prepayment shall be without premium or penalty unless such
ORDINANCES 697
prepayment shall be made on or before May 1, 1979, in
which event a premium in the amount of 3 °/o of the principal
amount to be prepaid shall be charged on such prepayment.
Sec. 11.2. Mandatory Prepayment. The Company shall be
obligated to prepay the amounts due hereunder if, prior to
the expiration of the Loan Term and prior to the full pay-
ment of the Bond, any of the following shall have occurred :
(a) As a result of any change in the Constitution of the
State of Maryland, or the Constitution of the United States
of America, or of legislative or administrative action
(whether State or federal), this Agreement or the Ordi-
nance shall have become void or unenforceable or impossible
of performance in accordance with the intent and purposes
of the parties as expressed in this Agreement or in the
Ordinance; or
(b) The Company, or its permitted successors or as-
signs, shall, for any reason whatsoever, discontinue the use
and occupancy of the Industrial Building, or any part
thereof, for its intended purposes.
The Company shall, within 10 days following knowledge
by it of any of the events obligating the Company to prepay
the amounts due hereunder, give written notice to the City,
the Bank as agent for the holder of the Bond, and the holder
of the Bond, indicating whether any of the principal of or
interest on the Bond shall then be unpaid, and shall specify
therein the proposed date of such prepayment, which date
shall be not less than 15 nor more than 45 days from the
date such notice is mailed, and shall make arrangements
satisfactory to the Bank as agent for the holder of the Bond
and the holder of the Bond for the prepayment of the Bond.
The amount payable by the Company pursuant to the
provisions of this Section shall be the sum of the following
(i) an amount of money which when added to the amount
on deposit with the Bank as agent for the holder of the
Bond for payment of the Bond, if any, will be sufficient to
prepay all the outstanding principal of and accrued and un-
paid interest on the Bond, including all payment expenses;
plus (ii) an amount of money equal to the reasonable fees
and expenses of the Bank, the reasonable fees and expenses
698 ORDINANCES Ord. No. 793
of the Bank as agent for the holder of the Bond, and the
fees and expenses of the City, if any, accrued and to accrue
until such final payment of the Bond.
ARTICLE XII.
Miscellaneous
Sec. 12.1. Notices. All notices, certificates or other writ-
ten communications hereunder shall be sufficiently given
and shall be deemed given when mailed by registered mail,
postage prepaid, addressed as follows: if to the City, to
the Deputy Treasurer of the City, City Hall, Baltimore,
Maryland 21202; if to the Company, to William A. Kroh,
Hobelmann Port Services, Inc., Suite 1344, The World Trade
Center, Baltimore, Maryland 21202; and, if to the Bank
as agent for the holder of the Bond, to Timothy D. Mc-
Millin, Maryland National Bank, 10 Light Street, Balti-
more, Maryland 21202. A duplicate copy of each notice,
certificate or other communication given hereunder by
either the City or the Company to the other shall also be
given to the Bank as agent for the holder of the Bond.
The City, the Company, the Bank as agent for the holder
of the Bond, and the holder of the Bond, may, by written
notice given hereunder, designate any further or different
addresses to which subsequent notices, certificates or other
communications shall be sent.
Sec. 12.2. Expenses. The Company agrees to pay,
whether out of the proceeds of the Loan or other funds,
all reasonable expenses of the City, the Bank, the Bond
Registrar (referred to in the Ordinance) and the Bank
as agent for the holder of the Bond (including the fees
and expenses of their counsel) in connection with the is-
suance of the Bond and the transactions contemplated
hereby, including all costs of recording and filing (fees
and taxes). In addition, upon notice in writing from the
Bank as agent for the holder of the Bond to the Company
that the holder of the Bond or the Bank as agent for the
holder of the Bond has incurred any tax liability or other
expenses resulting from the imposition by the United
States Government of taxes or other levies in connection
with this Agreement other than taxes heretofore men-
ORDINANCES 699
tioned in Section 11.2, the Company agrees to pay any and
all such taxes or expenses. So long as the Bank is the
holder of the Bond, the Bank as agent for the holder of
the Bond shall not charge a fee for its ordinary services
in such capacity. In no event shall any services or action
rendered or taken by the Bank as agent for the holder of
the Bond occasioned by any event of default hereunder be
deemed "ordinary services." During such period as the
Bond, or any part thereof, is held by anyone other than
the Bank, the Company shall pay directly to the Bank as
agent for the holder of the Bond a reasonable fee sufficient
to compensate it for its services in such capacity as agent
for the holder of the Bond, and failure to pay such fee
shall be deemed an event of default under this Agreement.
Sec. 12.3. Books and Records. The City, the holder of
the Bond and the Bank as agent for the holder of the
Bond, in the event any of the principal of and interest
on the Bond shall at the time be outstanding and unpaid,
may have reasonable access to and inspect, examine, and
make copies of the books and records and any and all ac-
counts, data and income tax and other tax returns of the
Company.
Sec. 12.4. Binding Effect. This Agreement shall inure
to the benefit of and shall be binding upon the City the
Company, and their respective successors and assigns.
Sec. 12.5. Severability. In the event any provision
of this Agreement shall be held invalid or unenforceable
by any court of competent jurisdiction, such holding shall
not invalidate or render unenforceable any other provi-
sion hereof.
Sec. 12.6. Amounts Remaining tvith Bank. It is agreed
by the parties hereto that any amounts remaining with
the Bank as agent for the holder of the Bond upon the
expiration or earlier termination of the Loan Term, as
provided in this Agreement, after payment in full of the
Bond and the fees, charges and expenses of the Bank, the
Bank as agent for the holder of the Bond and the City and
all other expenses required to be paid under this Agree-
700 ORDINANCES Ord. No. 793
ment and the Guaranty Agreement, shall belong to and
be paid to the Company by the Bank as agent for the
holder of the Bond as an overpayment of the amounts due
hereunder.
Sec. 12.7. Amendments, Changes and Modifications. Ex-
cept as otherwise provided in this Agreement, subsequent to
the issuance of the Bond and prior to its payment in full,
this Agreement may not be amended, changed, modified,
altered, or terminated without the prior written consent
of the Bank as agent for the holder of the Bond and the
holder of the Bond.
Sec. 12.8. Executed Counterparts. This Agreement may
be executed in several counterparts, each of which shall
be an original and all of which shall constitute but one
and the same instrument.
SEC. 12.9. Indemnification of City and Bank. The Com-
pany shall protect, indemnify, and save harmless the City,
the Bank and the Bank as agent for the holder of the Bond
and their respective officers, employees and agents against
and from any and all liabilities, suits, actions, claims, de-
mands, losses, expenses and costs of every kind and nature
incurred by, or asserted or imposed against, the City, the
Bank, the Bank as agent for the holder of the Bond and
their respective officers, agents or employees, or any of
them, by reason of any accident, injury (including death)
or damage to any person or property, howsoever caused,
resulting from, connected with or growing out of any act
of commission or omission of the Company, or any officers,
employees, agents, assignees, contractors or subcontractors
of the Company, or any use, non-use, possession, occupa-
tion, condition, operation, service, design, construction,
acquisition, maintenance or management of, or on, or in
connection with, the Industrial Building or any part there-
of, during the term of this Agreement and regardless of
whether such liabilities, suits, actions, claims, demands,
damages, losses, expenses and costs be against or be suf-
fered or sustained by the City, the Bank, or the Bank as
agent for the holder of the Bond or any of their respec-
tive officers, agents or employees, or be against or be suffered
ORDINANCES 701
or sustained by other persons, corporations, or other legal
entities to whom the City, the Bank, or the Bank as agent
for the holder of the Bond or any of their respective offi-
cers, agents or employees may become liable therefor. The
City shall not be liable for any damage or injury occurring
during the term of this Agreement, to the persons or
property of the Company or any of its officers, agents,
including operating personnel, contractors and employees,
or any other person or entity who or which may be upon
the Industrial Building, due to any act or negligence of
any person or entity other than the City, its officers, agents,
servants and employees. The Company may, and if so
requested by the City, the Bank, or the Bank as agent for
the holder of the Bond shall, undertake to defend, at its
sole cost and expense, any and all suits, actions or pro-
ceedings brought against the City, the Bank, or the Bank
as agent for the holder of the Bond or any of their re-
spective officers, agents or employees in connection with
any of the matters mentioned in this Section, provided
that the City, the Bank, or the Bank as agent for the
holder of the Bond shall give the Company timely notice
of and shall forward to the Company every demand,
notice, summons or other process received with respect
to any claim or legal proceedings within the purview
hereof.
Sec. 12.10. Filing. The security interest created herein
and by the Assignment shall be perfected by the filing of
financing statements which fully comply with the require-
ments of the Maryland Uniform Commercial Code — Se-
cured Transactions, in the office of the Clerk of the Su-
perior Court of Baltimore City, Maryland, and in the
Office of the State Department of Assessments and Taxa-
tion, in the City of Baltimore, Maryland, to the end that
the rights of the holder of the Bond and the Bank as agent
for the holder of the Bond shall be fully preserved as
against creditors of, or purchasers for value from, the City
or the Company. The parties further agree that all neces-
sary continuation statements shall be filed within the time
prescribed by the Maryland Uniform Commercial Code —
Secured Transactions, in order to continue the security
interest created by this Agreement and the Assignment.
702 ORDINANCES Ord. No. 793
Sec. 12.11. Net Agreement. This Agreement shall be
deemed and construed to be a "net agreement", and the
Company shall repay absolutely net during the Loan Term
all payments required hereunder, free of any deductions,
without abatement deduction or set-off.
Sec. 12.12. Law Governing Construction of Agreement.
This Agreement shall be governed by, and construed in
accordance with, the laws of the State of Maryland.
Sec. 12.13. Exculpation for City. Nothing in this Loan
Agreement shall be construed as creating any pecuniary
liability by the City to the Bank as agent for the holder
of the Bond or to the holder of the Bond.
IN WITNESS WHEREOF, MAYOR AND CITY
COUNCIL OF BALTIMORE, MARYLAND has caused
this Agreement to be executed by the manual signature
of its Mayor, and its corporate seal to be impressed hereon,
and attested by the manual signature of its Deputy Treas-
urer; and HOBELMANN PORT SERVICES, INC. has
caused this Agreement to be executed by the manual sig-
nature of its President, and its corporate seal to be im-
pressed hereon, and attested by its Secretary or its As-
sistant Secretary all being done as of the day and year
first above written.
ATTEST:
MAYOR AND CITY COUNCIL
OF BALTIMORE
— By
Deputy Treasurer Mayor
[CITY SEAL] HOBELMANN PORT SERVICES, INC.
By l
[COMPANY SEAL]
EXHIBIT A
to
Loan Agreement dated as of , 1978
by and between Mayor and City Council of Baltimore
and Hobelmann Port Services, Inc.
ORDINANCES 703
DESCRIPTION OF INDUSTRIAL BUILDING
The Industrial Building, which will be located at Fair-
field, on property to be subleased by the Company from
Nissan Motor Corporation in U.S.A., which will in turn
lease the property from the Maryland Port Administra-
tion, will be used by the Company to provide services for
imported cars, including body work, marine damage re-
pair, installation of accessories, and installation of truck
beds.
The facility will consist of (a) a 150' x 250' pre-
engineered metal building, fully sprinklered and equipped
to accommodate truck bed assembly, automobile accessory
installation and an automobile marine repair shop, and
(b) two pre-fabricated office buildings (56' x 12') to ac-
commodate administrative staff for the above shops and
overall warehousing facilities.
Sec. 12. Be it further ordained, That the Assignment by
which the City assigns to the Bank as agent for the holder
of the Bond all of its right, title and interest in and to, and
remedies under the Loan Agreement and moneys due and
to become due the City thereunder, and all collateral pledged
thereunder, shall be substantially in the following form, and
the form, with such changes therein as the Mayor of the
City shall approve (such approval to be conclusively evi-
denced by the execution and delivery of the Assignment by
the Mayor of the City), is hereby adopted by the City as
and for the form and tenor of the obligation to be performed,
and the Assignment is hereby made binding upon the City.
FORM OF ASSIGNMENT
ASSIGNMENT
For the benefit of the holder, from time to time, of the
City of Baltimore, Maryland Industrial Development Reve-
nue Bond (Hobelmann Port Services, Inc. Project) in the
principal amount of $600,000 dated as of May 1, 1978
(herein called the "Bond"), and as security for the due and
punctual payment of the principal of and interest due on the
Bond and as security for the performance by Mayor and
City Council of Baltimore, (herein called the "City"), of
any other obligations under Ordinance No. of the
704 ORDINANCES Ord. No. 793
City, approved by the Mayor of the City on ,
1978 (herein called the "Ordinance"), the City hereby
pledges and assigns to Maryland National Bank as agent for
the holder of the Bond (in such capacity herein called the
"Assignee"), the following: all right, title and interest of
the City in, to and under that certain Loan Agreement dated
as of the date hereof (herein called the "Loan Agreement"),
between the City and Hobelmann Port Services, Inc., a
corporation (herein called the "Company"),
together with all moneys due and to become due to the City
thereunder (except any payments to be made to the City
pursuant to the fourth literary paragraph of Section 5.3 of
the Loan Agreement and Sections 10.4, 12.2 and 12.9 of the
Loan Agreement), and all collateral pledged from time to
time thereunder as security for the loan in the amount of
$600,000 made by the City to the Company on the date
hereof (the "Loan"), which Loan is evidenced and secured
by the Loan Agreement, and all rights and remedies of the
City thereunder, and the City hereby appoints the Assignee
as agent for the purpose of receiving and disbursing such
moneys due and to become due under the Loan Agreement.
The Assignee, shall not by the acceptance of this Assign-
ment be deemed to assume, or in any way to become re-
sponsible for the performance of, any of the duties, under-
takings or obligations of the City under the Loan Agree-
ment, except as specifically set forth herein.
The Assignee, by the acceptance hereof, hereby agrees with
the City for the benefit of the holder of the Bond as follows :
A. The Assignee shall receive and hold the rights and
moneys hereby assigned, in trust, for the benefit of the
holder from time to time of the Bond and shall promptly
apply all moneys from time to time received and held by the
Assignee hereunder in the following order of priority : first,
to the payment when due of interest (including additional
interest, if any), and premium, if any, on the Bond; second,
to the payment when due of principal of the Bond ; third, to
the payment of any additional expenses as provided in Sec-
tions 5.3, 10.4, 12.2 and 12.9 of the Loan Agreement; and,
fourth, as to any balance remaining wTith the Assignee upon
expiration or earlier termination of the Loan Term as de-
scribed in the Loan Agreement, to the Company in ac-
ORDINANCES 705
cordance with the provisions of Section 12.6 of the Loan
Agreement. The Assignee further agrees that it shall en-
force, at the direction of the holder of the Bond, each and
every right granted to the City pursuant to the Loan Agree-
ment, and that nothing in the aforesaid instruments, or this
Assignment, shall obligate the City to act or refrain from
acting under such instruments, it being understood that the
holder of the Bond shall look solely to the Bank as agent for
the holder of the Bond pursuant to this Assignment for
enforcement of its rights and remedies under the Loan
Agreement, the Bond, and the Guaranty Agreement re-
ferred to in the Loan Agreement.
B. The Assignee accepts this Assignment upon the fol-
lowing express terms and conditions :
1. The Assignee shall not be liable or responsible for any
action taken or omitted by it under this Assignment or with
respect to the Bond, except for its own gross negligence or
willful misconduct;
2. The holder of the Bond (other than the Assignee)
shall indemnify and hold the Assignee harmless against any
cost or expense (including counsel fees) and against any
loss or liability (except such as results from the Assignee's
own gross negligence or willful misconduct), which the
Assignee may suffer or incur by reason of any action taken
or omitted by the Assignee hereunder;
3. The Assignee shall cany out its duties hereunder in
accordance with the express provisions of this Assignment
and the Loan Agreement, provided that, as to any matters
not expressly provided for, the Assignee may act and refrain
from acting in its reasonable discretion ; and
4. Nothing in this Assignment shall be construed as
creating any pecuniary liability on the part of the City to
the holder of the Bond.
_ This Assignment shall constitute a first lien upon the
rights of the City under the Loan Agreement and of all
moneys due and to become due to the City thereunder, and
the collateral pledged thereunder, subject to no equal or
prior lien or encumbrance of any nature whatsoever. With
respect to the security interest created hereby, the Assignee
706 ORDINANCES Ord. No. 793
shall have all of the rights and remedies of a secured party
under the Maryland Uniform Commercial Code.
# IN WITNESS WHEREOF, the City has caused this As-
signment to be duly executed by its Mayor by his
manual signature and has caused its official seal to be
hereunto affixed and attested by its Deputy Treasurer by
his manual signature, all as of the day of ,
1978.
MAYOR AND CITY COUNCIL
ATTEST: OF BALTIMORE
By 1 _
Deputy Treasurer Mayor
[CITY SEAL]
ACCEPTED:
MARYLAND NATIONAL BANK
By - - - -
A CKNO WLEDGMENT
The undersigned hereby acknowledges receipt of notice
of the foregoing Assignment, and intending to be legally
bound, hereby agrees with the Assignee therein named (1)
to pay directly to the Assignee all moneys due and to be-
come due from the undersigned under the Loan Agreement
referred to in the Assignment, (2) to perform for the bene-
fit of the Assignee all of the duties and undertakings of the
undersigned under the Loan Agreement referred to in the
Assignment, and (3) that the Assignee shall not be obli-
gated by reason of the Assignment to perform or be re-
sponsible for the performance of any of the duties, under-
takings or obligations of the City under the Loan Agreement.
IN WITNESS WHEREOF, the undersigned has caused
this Acknowledgment to be duly executed in its name and
its seal to be hereunto affixed and attested by its duly au-
thorized officers, all as of the day of , 1978.
HOBELMANN
ATTEST: PORT SERVICES, INC.
By _ _ _
[COMPANY SEAL]
ORDINANCES 707
SEC. 13. Be it further ordained, That the Guaranty
Agreement to be executed and delivered by the Company
shall be in such form and contain such provisions as the
Mayor of the City shall approve on behalf of the City,
such approval of the Guaranty Agreement to be conclu-
sively evidenced by the execution thereof by the Mayor
of the City for the limited purpose of evidencing such
approval.
SEC. 14. Be it further ordained, That the execution and
delivery of the Bond, the Loan Agreement and the Assign-
ment, and the execution of the Guaranty Agreement (for
the limited purpose of evidencing the approval by the
Mayor of the City of the form and provisions thereof),
and all other documents necessary to evidence and secure
the Bond and the Loan are hereby authorized. The Loan
Agreement, the Assignment and the Guaranty Agreement
shall be executed on behalf of the City by the Mayor of
the City by his manual signature, and the corporate seal
of the City shall be impressed or otherwise reproduced
thereon and attested by the Deputy Treasurer of the City
by his manual signature. The Bond shall be executed on
behalf of the City by the Mayor of the City by his manual
signature, and the corporate seal of the City shall be
impressed or otherwise reproduced thereon and attested
by the Deputy Treasurer of the City by his manual sig-
nature. In case any officer whose signature shall appear
on the Bond or any of the aforesaid documents shall cease
to be such officer before the delivery of the Bond or any
of the other documents aforesaid, such signature shall
nevertheless be valid and sufficient for all purposes, the
same as if such officer had remained in office until de-
livery. The Mayor, the Deputy Treasurer and other officials
of the City shall do all such acts and things and execute
such supporting documents and certificates as may be
necessary to carry out and comply with the provisions
hereof. Before the execution and delivery of the Bond by
the Mayor to the Bank, the City shall have received a cer-
tificate signed by an officer of the Bank and satisfactory
to counsel for the City stating that (a) the Bank has
purchased the Bond as a commercial investment and not
with a view to redistribute the same to the general public,
and (b) the Bank has not relied upon the City for or re-
708 ORDINANCES Ord. No. 794
ceived from the City any information concerning the finan-
cial condition of Hobelmann Port Services, Inc.
Sec. 15. Be it further ordained, That the provisions of
this Ordinance are severable, and if any provision, sen-
tence, clause, section or part thereof is held illegal, invalid
or unconstitutional or inapplicable to any person or cir-
cumstances, such illegality, invalidity or unconstitution-
ality, or inapplicability shall not affect or impair any of
the remaining provisions, sentences, clauses, sections, or
parts of this Ordinance or their application to other per-
sons or circumstances. It is hereby declared to be the legis-
lative intent that this Ordinance would have been passed
if such illegal, invalid or unconstitutional provision, sen-
tence, clause, section or part had not been included herein,
and if the person or circumstances to which this Ordinance
or any part hereof are inapplicable had been specifically
exempted herefrom.
Sec. 16. Be it farther ordained, That this Ordinance
shall take effect from the date of its passage.
Approved June 26, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 794
(Council No. 1628)
An Ordinance to authorize the Mayor and City Council of
Baltimore, pursuant to and in accordance with the Mary-
land Industrial Development Financing Authority Act to
acquire the property at 1400 Russell Street, Baltimore,
Maryland, and lease same to The Harbor Sales Company,
Incorporated A CORPORATION ORGANIZED AND
EXISTING UNDER THE LAWS OF THE STATE OF
MARYLAND ; to borrow a sum of money not to exceed
Three Hundred Thirty Thousand Dollars and use the
same to acquire and improve said property; to execute
the necessary legal documents to secure said loan; and
ORDINANCES 709
conferring and imposing upon the Department of Housing
and Community Development certain powers and duties.
Whereas, Ordinance No. 1022, approved November 24,
1975, was enacted transferring all the duties and respon-
sibilities of The Baltimore City Economic Development
Commission to The Department of Housing and Community
Development thereby vesting in said department certain
powers and duties to be exercised in connection with aiding
the industrial growth of Baltimore City; and
Whereas, Article 41, Sections 266J to 266CC, inclusive,
of the Annotated Code of Maryland, as amended, created
and amended the Maryland Industrial Development Fi-
nancing Authority, hereinafter called "MIDFA," and vested
in it certain powers and duties in connection with the
preservation and betterment of the economy of the State;
and
Whereas, the aforementioned sections of said Article
41 of the Annotated Code of Maryland, among other things,
authorize any municipality of this State to borrow money
without pledging its full faith and credit, and to execute a
mortgage as security therefor, and use such money to defray
the cost of acquiring any industrial project, including land,
buildings and equipment, either by purchase or construc-
tion, after the adoption of an ordinance by the legislative
body of the municipality to do so; and
Whereas, The Harbor Sales Company, Incorporated, a
corporation organized and existing under the laws of the
State of Maryland, by its letter of intent dated January 27,
1978, addressed to the Mayor of Baltimore, hereinafter
called "City", has requested aid and assistance from the
City in connection with the acquisition and improvements
of the property hereinafter designated in Baltimore City
which is to be used by the aforesaid Company; and
Whereas, it has been determined that cooperation by the
City in connection with the aforementioned undertaking
will improve the economic condition of Baltimore City; now,
therefore,
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That: (a) pursuant to and in accordance with
710 ORDINANCES Ord. No. 794
the terms an4 TO provisions of Sections 266J and 266CC of
Article 41 of the Annotated Code of Maryland, as amended,
which created and amended MIDFA:
(1) The City be and it is hereby authorized to acquire
by negotiation and not by eminent domain the land and
improvements located at 1400 Russell Street, Ward 21,
Section 9, Block 839-43, Lot 3, Baltimore, Maryland, 21230.
(2) The aforementioned property shall be acquired
only for the purpose of leasing it to The Harbor Sales Com-
pany, Incorporated, A CORPORATION ORGANIZED AND
EXISTING UNDER THE LAWS OF THE STATE OF
MARYLAND, to be used by it in connection with its busi-
ness operations, upon such terms and conditions as may
be mutually agreed upon by the City and said Company.
(3) The City be and it is hereby fully authorized and
empowered to borrow a sum of money not exceeding Three
Hundred Thirty Thousand Dollars ($330,000.00) and to use
the same for or in connection with the acquisition and
improvements to the aforementioned property, and to exe-
cute a mortgage on said property to secure the aforesaid
loan; the term of said mortgage shall not exceed sixteen
(16) years, and the rate of interest to be paid by the City
in connection with said loan shall not exceed seven and one-
quarter percent (7%%) per annum (CALCULATED ON
THE BASIS OF A 360 DAY YEAR FACTOR APPLIED
TO ACTUAL DAYS ELAPSED). If at any time dur-
ing the term of the loan it is determined that the interest to
the bank is not tax exempt from Federal and State of Mary-
land income tax; the interest rate will automatically be
increased to fourteen percent (14%) PER ANNUM (CAL-
CULATED ON THE BASIS OF A 360 DAY YEAR FAC-
TOR APPLIED TO ACTUAL DAYS ELAPSED) for any
periods that said interest is so taxable.
(4) The terms and provisions of any and all legal instru-
ments to be executed or entered into by the City in connec-
tion with the transaction authorized by this ordinance shall
be subject to the approval of the Board of Estimates.
Sec. 2. And be it further ordained, That the Department
of Housing and Community Development is hereby fully
ORDINANCES 711
authorized and empowered for the purpose of this ordi-
nance only:
(a) To promote, make investigations, conduct prelimi-
nary negotiations, and do any and all other things necessary
or proper to expedite the consummation of the transactions
mentioned in this ordinance; all pursuant and subject to the
provisions of the Charter of Baltimore City.
(b) After the transactions mentioned in this ordinance
have been fully consummated, the Department of Housing
and Community Development shall do any and all other
things necessary, proper or expedient to assure the full per-
formance by The Harbor Sales Company, Incorporated, A
CORPORATION ORGANIZED AND EXISTING UNDER
THE LAWS OF THE STATE OF MARYLAND, of any
and all of the terms and provisions in any and all agree-
ments entered into by the City and The Harbor Sales
Company, Incorporated, A CORPORATION ORGANIZED
AND EXISTING UNDER THE LAWS OF THE STATE
OF MARYLAND, all subject to the provisions of the
Charter of Baltimore City.
SEC. 3. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved June 26, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 795
(Council No. 1629)
An Ordinance providing for a supplementary special loan
fund appropriation in the amount of Three Hundred
Thirty Thousand Dollars ($330,000) to the Department
of Housing and Community Development to be used for
property acquisition and improvement under the Mary-
land Industrial Development Financing Authority and
City Ordinance in accordance with the provisions
of Article VI, Section 2(h)(3) of the Baltimore City
Charter (1964 Revision).
712 ORDINANCES Ord. No. 795
Whereas, Article 41, Sections 266J «m4 TO 266CC, inclu-
sive, of the Annotated Code of Maryland, as amended, cre-
ated and amended the Maryland Industrial Development
Financing* Authority, hereinafter called "MIDFA," and
vested in it certain powers and duties in connection with
the preservation and betterment of the economy of the
State, authorizes any municipality of the State to borrow
money without pledging its full faith and credit, and to
execute a mortgage as security therefore, and use such
money to defray the cost of acquiring an industrial project,
including land, buildings and equipment, either by purchase
or construction, after the adoption of an ordinance by the
legislature of the municipality to do so ; and
Whereas, the money appropriated herein represents the
proceeds of an Industrial Development Loan guaranteed in
part by the Maryland Industrial Development Financing
Authority; and
Whereas, Ordinance provides a sum of money not
to exceed Three Hundred Thirty Thousand Dollars ($330,-
000) for the acquisition and improvement of various prop-
erties located at 1400 Russell Street in Baltimore City; and
Whereas, Ordinance provides for the leasing of the
aforementioned property to Harbor Sales Company, Inc.,
to be used in connection with its business operations; and
Whereas, the Industrial Development Loan represents
a material change in circumstances since the adoption of
the 1977-1978 Ordinance of Estimates; and
Whereas, the supplementary special loan fund appro-
priation ordained herein has been recommended to the City
Council by the Board of Estimates, said recommendation
having been made at a regular meeting of said Board of
Estimates held on the 26th day of April, 1978, all in ac-
cordance with Article VI, Section 2(h)(3) of the 1964 re-
vised Charter of Baltimore City.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2(h)(3) of the 1964 revision of the Charter of
Baltimore City, the sum of Three Hundred Thirty Thousand
Dollars ($330,000) shall be made available to the Depart-
ORDINANCES 713
ment of Housing and Community Development of the City
of Baltimore as a supplementary special loan fund appro-
priation for the fiscal year ending June 30, 1978 for the
purpose of acquiring and improving various properties lo-
cated in Baltimore City. The amount thus made available
as a supplementary special loan fund appropriation shall be
expended from an Industrial Development Loan and shall
be the source of revenue for this supplementary special loan
fund appropriation, as required by Article VI, Section
2(h)(3) of the 1964 revised Charter of Baltimore City.
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved June 26, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 796
(Council No. 1648)
An Ordinance to authorize the Mayor and City Council of
Baltimore, pursuant to and in accordance with the Mary-
land Industrial Development Financing Authority Act,
to borrow a sum of money not to exceed Five Hundred
Thousand Dollars ($500,000) and use same to improve
the industrial project on the property at 6800 East Balti-
more Street, Baltimore, Maryland, which was previously
acquired and leased to Durrett-Sheppard Steel Co., Inc.;
to execute the necessary legal documents to secure said
loan; and conferring and imposing upon the Department
of Housing and Community Development certain powers
and duties.
Whereas, Ordinance No. 1022, approved November 24,
1975, was enacted transferring all the duties and responsi-
bilities of the Baltimore City Economic Development Com-
mission to the Department of Housing and Community De-
velopment thereby vesting in said department certain
714 ORDINANCES Ord. No. 796
powers and duties to be exercised in connection with aiding
the industrial growth of Baltimore City; and
Whereas, Article 41, Sections 266J to 266CC, inclusive,
of the Annotated Code of Maryland, as amended, created
and amended the Maryland Industrial Development Fi-
nancing Authority, hereinafter called "MIDFA", and vested
in it certain powers and duties in connection with the pres-
ervation and betterment of the economy of the State; and
Whereas, the aforementioned sections of said Article 41
of the Annotated Code of Maryland, among other things,
authorize any municipality of this State to borrow money
without pledging its full faith and credit, and to execute a
mortgage as security therefor, and use such money to
defray the cost of acquiring any industrial project, in-
cluding land, buildings and equipment, either by purchase
or construction, after the adoption of an ordinance by the
legislative body of the municipality to do so; and
Whereas, the Durrett-Sheppard Steel Co., Inc., a cor-
poration organized and existing under the laws of the State
of Maryland, by its letter of intent dated March 3, 1978,
addressed to the Mayor of Baltimore, hereinafter called
"City", has requested aid and assistance from the City in
connection with improvements to the property hereinafter
designated in Baltimore City which is presently being
leased to and used by the aforesaid company; and
Whereas, it has been determined that cooperation by the
City in connection with the aforementioned undertaking
will improve the economic condition of Baltimore City; now,
therefore,
Section 1. Be it ordained by the Mayor and City Council
vf Baltimore, That: (a) pursuant to and in accordance with
the terms and provisions of Sections 266J to 266CC of
Article 41 of the Annotated Code of Maryland, as amended,
which created and amended MIDFA:
(1) The City be and it is hereby fully authorized and
empowered to borrow a sum of money not to exceed a total
of Five Hundred Thousand Dollars ($500,000) and to use
same for or in connection with improvements to the prop-
erty located at 6800 East Baltimore Street, Ward 26, Sec-
ORDINANCES 715
tion 17, Block 6417, Lot 292, Baltimore, Maryland 21224,
which property was previously acquired by the City and
leased to Durrett-Sheppard Steel Co., Inc., for an industrial
project; and to execute a mortgage loan to secure the afore-
said loan; the term of said mortgage shall not exceed eight-
een (18) years for Three Hundred Fifty Thousand Dollars
($350,000) of the total loan and six (6) years for One
Hundred Fifty Thousand Dollars ($150,000) of the total
loan and the rate of interest to be paid by the City in con-
nection with said loan shall not exceed seven percent (1%)
per annum. In the event that said interest is validly de-
termined for any reason not to be tax exempt to the lender
from Federal or State of Maryland income tax, the interest
rate will automatically be increased to twelve percent
(12%) for any periods that said interest is so taxable.
(2) The City is specifically authorized to consolidate
and cross-collaterlize the aforesaid loan with two (2) prior
loans evidenced and secured by deeds of trust regarding
the property at 6800 East Baltimore Street, Baltimore,
Maryland, and the industrial project situated thereon, one
dated August 13, 1974 obtained pursuant to Ordinance No.
593, approved May 8, 1974 and the other dated August 29,
1975 obtained pursuant to Ordinance No. 971, approved
July 9, 1975.
(3) The terms and provisions of any and all legal in-
struments to be executed or entered into by the City in
connection with the transaction authorized by this ordi-
nance shall be subject to the approval of the Board of
Estimates.
Sec. 2. And be it further ordained, That the Department
of Housing and Community Development is hereby fully
authorized and empowered for the purpose of this ordi-
nance only:
(a) To promote, make investigations, conduct pre-
liminary negotiations, and do any and all other things
necessary or proper to expedite the consummation of the
transactions mentioned in this ordinance; all pursuant and
subject to the provisions of the Charter of Baltimore City.
(b) After the transactions mentioned in this ordinance
have been fully consummated, the Department of Housing
716 ORDINANCES Ord. No. 797
and Community Development shall do any and all other
things necessary, proper or expedient to assure the full
performance by the Durrett-Sheppard Steel Co., Inc., of any
and all of the terms and provisions in any and all agree-
ments entered into by the City and the Durrett-Sheppard
Steel Co., Inc., all subject to the provision of the Charter of
Baltimore City.
Sec. 3. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved June 26, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 797
(Council No. 1649)
An Ordinance providing for a supplementary special loan
fund appropriation in the amount of Five Hundred
Thousand Dollars ($500,000) to the Department of Hous-
ing and Community Development to be used for property
improvement under the Maryland Industrial Development
Financing Authority and City Ordinance , in ac-
cordance with the provisions of Article VI, Section
2(h)(3) of the Baltimore City Charter (1964 Revision).
Whereas, Article 41, Sections 266J a»4 TO 266CC, inclu-
sive, of the Annotated Code of Maryland, as amended,
created and amended the Maryland Industrial Development
Financing Authority, hereinafter called "MIDFA," and
vested in it certain powers and duties in connection with
the preservation and betterment of the economy of the
State, authorizes any municipality of the State to borrow
money without pledging its full faith and credit, and to
execute a mortgage as security therefore, and use such
money to defray the cost of improving an industrial
project, including land, buildings and equipment, either by
ORDINANCES 717
purchase or construction, after the adoption of an ordi-
nance by the legislature of the municipality to do so ; and
Whereas, the money appropriated herein represents
the proceeds of an Industrial Development Loan guaran-
teed in part by the Maryland Industrial Development Fi-
nancing Authority; and
Whereas, Ordinance provides a sum of money
not to exceed Five Hundred Thousand Dollars ($500,000)
to improve the industrial project at 6800 East Baltimore
Street; and
Whereas, Ordinance 593, approved May 8, 1974, pro-
vides for the leasing of the aforementioned property to
Durrett-Sheppard Steel Company, Inc., to be used in con-
nection with its business operations ; and
Whereas, the Industrial Development Loan represents
a material change in circumstances since the adoption of
the 1977-1978 Ordinance of Estimates ; and
Whereas, the supplementary special loan fund appro-
priation ordained herein has been recommended to the City
Council by the Board of Estimates, said recommendation
having been made at a regular meeting of said Board of
Estimates held on the 26th day of April, 1978, all in
accordance with Article VI, Section 2(h) (3) of the 1964
revised Charter of Baltimore City.
Section 1. Be it ordamed by the Mayor and City CotmcU
of Baltimore, That under the provisions of Article VI,
Section 2(h)(3) of the 1964 revision of the Charter of
Baltimore City, the sum of Five Hundred Thousand Dol-
lars ($500,000) shall be made available to the Department
of Housing and Community Development of the City of
Baltimore as a supplementary special loan fund appropria-
tion for the fiscal year ending June 30, 1978 for the pur-
pose of improving the property at 6800 East Baltimore
Street. The amount thus made available as a supplementary
special loan fund appropriation shall be expended from an
Industrial Development Loan and shall be the source of
revenue for this supplementary special loan fund appro-
priation, as required by Article VI, Section 2(h) (3) of the
1964 revised Charter of Baltimore City.
718 ORDINANCES Ord. No. 798
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved June 26, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 798
(Council No. 1663)
An Ordinance providing for a supplementary general fund
appropriation in the amount of Forty-Three Thousand
Dollars ($43,000) to the City Council to be used for ad-
ditional operating expenses which could not be reasonably
anticipated at the time of the formulation of the pro-
posed Fiscal 1978 Ordinance of Estimates, in accordance
with the provisions of Article VI, Section 2(h) (3) of the
Baltimore City Charter (1964 Revision).
Whereas, the money appropriated herein represents
revenue produced by earnings on investments in excess of
the revenue estimated and relied upon by the Board of Esti-
mates in determining the tax levy required to balance the
budget for the fiscal year 1978 and is therefore available for
appropriation to the City Council pursuant to the provisions
of Article VI, Section 2(h) (3) of the Baltimore City Char-
ter (1964 Revision); and
Whereas, the supplementary general fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a meeting of said Board held on the 10th day
of May, 1978, all in accordance with Article VI, Section
2(h)(3) of said Charter.
SECTION 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2 of the 1964 revision of the Charter of Baltimore
City the sum of Forty-three Thousand Dollars ($43,000)
ORDINANCES 719
shall be made available to the City Council as a supple-
mentary general fund appropriation for the fiscal year
ending June 30, 1978 for the purpose of additional operating
expenses which could not be reasonably anticipated at the
time of formulation of the proposed Fiscal 1978 Ordinance
of Estimates. The amount thus made available as a supple-
mentary general fund appropriation shall be expended from
revenue derived from earnings on investments in excess of
the amount from this source which was estimated or relied
upon by the Board of Estimates in determining the tax
levy required to balance the budget for the 1978 fiscal year;
and said funds shall be the source of revenue for this sup-
plementary general fund appropriation, as required by Ar-
ticle VI, Section 2 of the 1964 revised Charter of Baltimore
City.
Sec. 2. And be it further vrdained, That this ordinance
shall take effect from the date of its passage.
Approved June 26, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 799
(Council No. 1664)
An Ordinance providing for a supplementary general fund
appropriation in the amount of Four Hundred Twenty-
Seven Thousand Dollars ($427,000) to the Community
College to be used for additional operating expenses
which could not be reasonably anticipated at the time of
the formulation of the proposed Fiscal 1978 Ordinance of
Estimates, in accordance with the provisions of Article
VI, Section 2(h) (3) of the Baltimore City Charter (1964
Revision) .
Whereas, the money appropriated herein represents
revenue produced by earnings on investments in excess of
the revenue estimated and relied upon by the Board of Esti-
mates in determining the tax levy required to balance the
720 ORDINANCES Ord. No. 799
budget for the fiscal year 1978 and is therefore available
for appropriation to the Community College pursuant to the
provisions of Article VI, Section 2(h) (3) of the Baltimore
City Charter (1964 Revision); and
Whereas, the supplementary general fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a meeting of said Board held on the 10th day
of May, 1978, all in accordance with Article VI, Section
2(h) (3) of said Charter.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI, Sec-
tion 2 of the 1964 revision of the Charter of Baltimore City
the sum of Four Hundred Twenty-seven Thousand Dollars
($427,000) shall be made available to the Community Col-
lege as a supplementary general fund appropriation for the
fiscal year ending June 30, 1978 for the purpose of addi-
tional operating expenses which could not be reasonably
anticipated at the time of formulation of the proposed
Fiscal 1978 Ordinance of Estimates. The amount thus made
available as a supplementary general fund appropriation
shall be expended from revenue derived from earnings on
investments in excess of the amount from this source which
was estimated or relied upon by the Board of Estimates in
determining the tax levy required to balance the budget for
the 1978 fiscal year; and said funds shall be the source of
revenue for this supplementary general fund appropria-
tion, as required by Article VI, Section 2 of the 1964 re-
vised Charter of Baltimore City.
Provided that said sum of Four Hundred Twenty-seven
Thousand Dollars ($427,000) shall be appropriated as fol-
lows:
Program 430, Administration of College $136,000
Program 431, Instruction 68,000
Program 433, Student Services _ 209,000
Program 436, Harbor Campus Planning 14,000
ORDINANCES 721
SEC. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved June 26, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 800
(Council No. 1665)
An Ordinance providing for a supplementary general fund
appropriation in the amount of Two Hundred Fifty-five
Thousand Dollars ($255,000) to the City Jail, Program
290, to be used for additional operating expenses which
could not be reasonably anticipated at the time of the
formulation of the proposed Fiscal 1978 Ordinance of
Estimates, in accordance with the provisions of Article
VI, Section 2(h) (3) of the Baltimore City Charter (1964
Revision) .
Whereas, the money appropriated herein represents rev-
enue produced by earnings on investments in excess of the
revenue estimated and relied upon by the Board of Esti-
mates in determining the tax levy required to balance the
budget for the fiscal year 1978 and is therefore available
for appropriation to the City Jail pursuant to the provi-
sions of Article VI, Section 2(h) (3) of the Baltimore City
Charter (1964 Revision) ; and
Whereas, the supplementary general fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a meeting of said Board held on the 10th day
of May, 1978, all in accordance with Article VI, Section
2(h)(3) of said Charter.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Artie1 e VI, Sec-
tion 2 of the 1964 revision of the Charter of Baltimore City
the sum of Two Hundred Fifty-five Thousand Dollars
($255,000) shall be made available to the City Jail, Pro-
722 ORDINANCES Ord. No. 801
gram 290, as a supplementary general fund appropriation
for the fiscal year ending June 30, 1978 for the purpose of
additional operating expenses which could not be reasonably
anticipated at the time of formulation of the proposed
Fiscal 1978 Ordinance of Estimates. The amount thus made
available as a supplementary general fund appropriation
shall be expended from revenue derived from earnings on
investments in excess of the amount from this source
which was estimated or relied upon by the Board of Esti-
mates in determining the tax levy required to balance the
budget for the 1978 fiscal year; and said funds shall be the
source of revenue for this supplementary general fund ap-
propriation, as required by Article VI, Section 2 of the
1964 revised Charter of Baltimore City.
Sec. 2. And be it farther ordained, That this ordinance
shall take effect from the date of its passage.
Approved June 26, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 801
(Council No. 1666)
An Ordinance providing for a supplementary general fund
appropriation in the amount of Seventy Thousand Dollars
(§70,000) to the Office of the Sheriff to be used for addi-
tional operating expenses which could not be reasonably
anticipated at the time of the formulation of the proposed
Fiscal 1978 Ordinance of Estimates, in accordance with
the provisions of Article VI, Section 2(h)(3) of the
Baltimore City Charter (1964 Revision).
Whereas, the money appropriated herein represents
revenue produced by earnings on investments in excess of
the revenue estimated and relied upon by the Board of
Estimates in determining the tax levy required to balance
the budget for the fiscal year 1978 and is therefore available
for appropriation to the Office of the Sheriff pursuant to the
ORDINANCES 723
provisions of Article VI, Section 2(h) (3) of the Baltimore
City Charter (1964 Revision) ; and
Whereas, the supplementary general fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a meeting of said Board held on the 10th day
of May, 1978, all in accordance with Article VI, Section
2(h) (3) of said Charter.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI, Sec-
tion 2 of the 1964 revision of the Charter of Baltimore City
the sum of Seventy Thousand Dollars ($70,000) shall be
made available to the Office of the Sheriff as a supple-
mentary general fund appropriation for the fiscal year
ending June 30, 1978 for the purpose of additional operating
expenses which could not be reasonably anticipated at the
time of formulation of the proposed Fiscal 1978 Ordinance
of Estimates. The amount thus made available as a supple-
mentary general fund appropriation shall be expended from
revenue derived from earnings on investments in excess of
the amount from this source which was estimated or relied
upon by the Board of Estimates in determining the tax levy
required to balance the budget for the 1978 fiscal year; and
said funds shall be the source of revenue for this supple-
mentary general fund appropriation, as required by Article
VI, Section 2 of the 1964 revised Charter of Baltimore City.
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved June 26, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 802
(Council No. 1667)
An Ordinance providing for a supplementary general fund
appropriation in the amount of One Hundred Fifty Thou-
724 ORDINANCES Ord. No. 802
sand Dollars ($150,000) to the Office of the State's At-
torney to be used for additional operating expenses which
could not be reasonably anticipated at the time of the
formulation of the proposed fiscal 1978 Ordinance of Esti-
mates, in accordance with the provisions of Article VI,
Section 2(h) (3) of the Baltimore City Charter (1964 Re-
vision).
Whereas, the money appropriated herein represents
revenue produced by earnings on investments in excess of
the revenue estimated and relied upon by the Board of Esti-
mates in determining the tax levy required to balance the
budget for the fiscal year 1978 and is therefore available for
appropriation to the Office of the State's Attorney pursuant
to the provisions of Article VI, Section 2(h)(3) of the Balti-
more City Charter (1964 Revision); and
Whereas, the supplementary general fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a meeting of said Board held on the 10th day
of May, 1978, all in accordance with Article VI, Section
2(h) (3) of said Charter.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI, Sec-
tion 2 of the 1964 revision of the Charter of Baltimore City
the sum of One Hundred Fifty Thousand Dollars ($150,000)
shall be made available to the Office of the State's Attorney
as a supplementary general fund appropriation for the
fiscal year ending June 30, 1978 for the purpose of addi-
tional operating expenses which could not be reasonably
anticipated at the time of formulation of the proposed Fiscal
1978 Ordinance of Estimates. The amount thus made avail-
able as a supplementary general fund appropriation shall
be expended from revenue derived from earnings on invest-
ments in excess of the amount from this source which was
estimated or relied upon by the Board of Estimates in de-
termining the tax levy required to balance the budget for
the 1978 fiscal year; and said funds shall be the source of
revenue for this supplementary general fund appropria-
tion, as required by Article VI, Section 2 of the 1964 re-
vised Charter of Baltimore City.
ORDINANCES 725
SEC. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved June 26, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 803
(Council No. 1668)
An Ordinance providing for a supplementary general fund
appropriation in the amount of One Hundred Sixty-five
Thousand Dollars ($165,000) to the Supreme Bench to
be used for additional operating expenses which could
not be reasonably anticipated at the time of the formu-
lation of the proposed Fiscal 1978 Ordinance of Esti-
mates, in accordance with the provisions of Article VI,
Section 2(h)(3) of the Baltimore City Charter (1964
Revision).
Whereas, the money appropriated herein represents
revenue produced by earnings on investments in excess of
the revenue estimated and relied upon by the Board of Esti-
mates in determining the tax levy required to balance the
budget for the fiscal year 1978 and is therefore available
for appropriation to the Supreme Bench pursuant to the
provisions of Article VI, Section 2(h) (3) of the Baltimore
City Charter (1964 Revision) ; and
Whereas, the supplementary general fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a meeting of said Board held on the 10th
day of May, 1978, all in accordance with Article VI, Sec-
tion 2(h) (3) of said Charter.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI, Sec-
tion 2 of the 1964 revision of the Charter of Baltimore
City the sum of One Hundred Sixty-five Thousand Dollars
($165,000) shall be made available to the Supreme Bench
726 ORDINANCES Ord. No. 804
as a supplementary general fund appropriation for the
fiscal year ending June 30, 1978 for the purpose of addi-
tional operating expenses which could not be reasonably
anticipated at the time of formulation of the proposed
Fiscal 1978 Ordinance of Estimates. The amount thus made
available as a supplementary general fund appropriation
shall be expended from revenue derived from earnings on
investments in excess of the amount from this source which
was estimated or relied upon by the Board of Estimates in
determining the tax levy required to balance the budget
for the 1978 fiscal year; and said funds shall be the source
of revenue for this supplementary general fund appropria-
tion, as required by Article VI, Section 2 of the 1964 re-
vised Charter of Baltimore City.
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved June 26, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 804
(Council No. 1669)
An Ordinance providing for a supplementary general fund
appropriation in the amount of Five Hundred Ninety-four
Thousand Dollars ($594,000) to the Board of Estimates,
Program 122, to be used for retired employees health in-
surance which could not be reasonably anticipated at the
time of the formulation of the proposed Fiscal 1978 Ordi-
nance of Estimates, in accordance with the provisions of
Article VI, Section 2(h)(3) of the Baltimore City
Charter (1964 Revision).
Whereas, the money appropriated herein represents
revenue produced by earnings on investments in excess of
the revenue estimated and relied upon by the Board of Esti-
mates in determining the tax levy required to balance the
ORDINANCES 727
budget for the fiscal year 1978 and is therefore available
for appropriation to the Board of Estimates, Prog-ram 122,
pursuant to the provisions of Article VI, Section 2(h) (3)
of the Baltimore City Charter (1964 Revision) ; and
Whereas, the supplementary general fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a meeting of said Board held on the 10th day
of May, 1978, all in accordance with Article VI, Section
2(h)(3) of said Charter.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI, Sec-
tion 2 of the 1964 revision of the Charter of Baltimore City
the sum of Five Hundred Ninety-Four Thousand Dollars
($594,000) shall be made available to the Board of Esti-
mates, Program 122, as a supplementary general fund ap-
propriation for the fiscal year ending June 30, 1978 for the
purpose of retired employees health insurance which could
not be reasonably anticipated at the time of formulation of
the proposed Fiscal 1978 Ordinance of Estimates. The
amount thus made available as a supplementary general
fund appropriation shall be expended from revenue derived
from earnings on investments in excess of the amount from
this source which was estimated or relied upon by the
Board of Estimates in determining the tax levy required to
balance the budget for the 1978 fiscal year; and said funds
shall be the source of revenue for this supplementary gen-
eral fund appropriation, as required by Article VI, Section 2
of the 1964 revised Charter of Baltimore City.
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved June 26, 1978.
WILLIAM DONALD SCHAEFER, Mayor,
728 ORDINANCES Ord. No. 805
No. 805
(Council No. 1670)
An Ordinance providing for a supplementary general fund
appropriation in the amount of One Hundred Seventy-
five Thousand Dollars ($175,000) to the Department of
Public Works, Program 552, to be used for dredging of
the Montebello Waste Lake, in accordance with the pro-
visions of Article VI, Section 2(h)(3) of the Baltimore
City Charter (1964 Revision).
Whereas, the money appropriated herein represents
revenue produced by earnings on investments in excess of
the revenue estimated and relied upon by the Board of
Estimates in determining the tax levy required to balance
the budget for the fiscal year 1978 and is therefore avail-
able for appropriation to the Department of Public Works,
Program 552, pursuant to the provisions of Article VI,
Section 2(h)(3) of the Baltimore City Charter (1964 Re-
vision) ; and
Whereas, the supplementary general fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a meeting of said Board held on the 10th
day of May, 1978, all in accordance with Article VI, Section
2(h)(3) of said Charter.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI, Sec-
tion 2 of the 1964 revision of the Charter of Baltimore City
the sum of One Hundred Seventy-five Thousand Dollars
($175,000) shall be made available to the Department of
Public Works, Program 552, as a supplementary general
fund appropriation for the fiscal year ending June 30,
1978 for the purpose of dredging of the Montebello Waste
Lake. The amount thus made available as a supplementary
general fund appropriation shall be expended from revenue
derived from earnings on investments in excess of the
amount from this source which was estimated or relied
upon by the Board of Estimates in determining the tax
levy required to balance the budget for the 1978 fiscal
year; and said funds shall be the source of revenue for
ORDINANCES 729
this supplementary general fund appropriation, as required
by Article VI, Section 2 of the 1964 revised Charter of
Baltimore City.
Sec. 2. And be it farther ordained, That this ordinance
shall take effect from the date of its passage.
Approved June 26, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 806
(Council No. 1750)
An Ordinance to waive the provisions of Paragraph 4811
and Paragraph 4852 of Article 32 of Baltimore City Code
(1976 Edition), title "Building Regulations'', said article
being known generally as the Building Code of Balti-
more City, and also to waive any other pertinent and
conflicting provisions of said Article 32, as amended, in
order to permit the construction of improvements to a
mill type building by Durrett-Sheppard Steel Company,
Inc., on property known as 6800 East Baltimore Street.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That as applicable to the present structure
on 6800 E. Baltimore Street, used primarily for steel fabri-
cation and storage, and certain improvements to that struc-
ture to be constructed, the provisions of certain paragraphs
of Article 32 of the Baltimore City Code (1976 Edition),
title "Building Regulations", said article being known gen-
erally as the Building Code of Baltimore City, as heretofore
amended, be and they are hereby waived as follows:
The provisions of Paragraph 4811 of said Article 32 and
also any other pertinent and conflicting provisions of said
Article 32, as heretofore amended, be and they are hereby
waived insofar as they impose certain maximum volume
limitations on certain types of industrial buildings.
730 ORDINANCES Ord. No. 807
The provisions of Paragraph 4852 of said Article 32 and
also any other pertinent and conflicting provisions of said
Article 32, as heretofore amended, be and they are hereby
waived insofar as they impose maximum travel distances
to and between exits in Industrial Buildings.
The waivers herein set forth shall be effective only as to
the present Durrett-Sheppard Steel Company industrial
building containing approximately 2,500,000 cubic feet and
an addition to be constructed thereto, which addition shall
not exceed a total volume of 1,500,000 cubic feet and shall
be a maximum of one story in height.
The addition shall be constructed of incombustible ma-
terials in structural assemblies that will meet the approval
of the Commissioner as providing adequate fire-resistive-
ness.
Except for the specific provisions of this ordinance, all
other provisions of said Building Code and all other laws
and ordinances of Baltimore City applicable hereto shall be
observed in the construction of these improvements.
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved June 26, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 807
(Council No. 1579)
An Ordinance providing for a supplementary special fund
appropriation in the amount of Twenty-two Million Six
Hundred Forty-five Thousand Nine Hundred Dollars
($22,645,900) to the Department of Housing and Com-
munity Development to be used for carrying out capital
improvements included in the Federal Community De-
velopment Block Grant Program for Baltimore City
(Year IV), in accordance with the provisions of Article
ORDINANCES 731
VI, Section 2(h) (2) of the Baltimore City Charter (1964
Revision) .
Whereas, the money appropriated herein represents a
grant from a public source which could not be expected
with reasonable certainty at the time of the formulation
of the 1977-1978 Ordinance of Estimates; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
5th day of April, 1978, all in accordance with Article VI,
Section 2(h) (2) of the 1964 revised Charter of Baltimore
City.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2(h)(2) of the 1964 revision of the Charter of
Baltimore City, the sum of Twenty-two Million Six Hun-
dred Forty-five Thousand Nine Hundred Dollars ($22,-
645,900) shall be made available to the Department of
Housing and Community Development of the City of Balti-
more as a supplementary special fund appropriation for
the fiscal year ending June 30, 1978 for the purpose of
carrying out capital improvements included in the Federal
Community Development Block Grant Program for Balti-
more City (Year IV), provided that said improvements
shall consist of the following projects:
Barclay Village $ 387,000
Charles Center 5,000
Coldspring 225,000
Coldstream-Homestead-Montebello 294,600
Druid Heights 147,400
Fells Point 140,500
Franklin Square 256,300
Fremont 363,300
Gay Street I 151,400
732 ORDINANCES Ord. No. 807
Greenmount West 378,800
Inner Harbor East 317,000
Inner Harbor I 1,092,000
Inner Harbor West 3,531,000
Johnson Square 217,900
Jonestown 200,100
Loft District 417,000
Madison Park North 529,200
Madison Park South 3,500
Mid-Town Belvedere 728,700
Montgomery 20,000
Mount Clare 262,400
Mount Vernon 227,200
Mount Winans 60,000
Municipal Center 1,038,000
North Avenue Transit Station Area 133,000
Oldtown 1,295,100
Oliver 181,700
Orchard-Biddle 599,400
Park Heights 1,552,900
Poppleton 730,900
Reservoir Hill 424,600
Ridgely's Delight 298,400
Sandtown-Winchester 615,500
Sharp-Leadenhall 798,600
Upper Fells Point 210,700
Upton 1,490,200
Walbrook Shopping Center 300,000
Washington Hill-Chapel 46,300
ORDINANCES 733
Washington Village 48,400
Rehabilitation Loans 700,000
Rehabilitation Easements 822,500
Berea Multi-Purpose Center 54,400
Cherry Hill Multi-Purpose Center 75,000
Reservoir Hill Multi-Purpose Center 20,000
Rosemont Multi-Purpose Center 220,000
WACTU Multi-Purpose Center 25,000
Local Option 1,050,000
The amount thus made available as a supplementary spe-
cial fund appropriation shall be expended from a grant of
funds to the Mayor and City Council of Baltimore by the Fed-
eral Government, said sum being allotted to the Mayor and
City Council of Baltimore by the Federal Government under
Title I of the Housing and Community Development Act of
1974; and said funds from said Federal Government shall
be the source of revenue for this supplementary special
fund appropriation, as required by Article VI, Section 2-
(h) (2) of the 1964 revised Charter of Baltimore City.
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved June 30, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 808
(Council No. 1580)
An Ordinance providing for a supplementary special fund
appropriation in the amount of Five Million Four Hun-
dred Forty-six Thousand Nine Hundred Dollars ($5,-
446,900) to the Department of Housing and Community
Development to be used for carrying out operating activ-
ities included in the Federal Community Development
Block Grant Program for Baltimore City (Year IV), in
734 ORDINANCES Ord. No. 808
accordance with the provisions of Article VI, Section
2(h) (2) of the Baltimore City Charter (1964 Revision).
Whereas, the money appropriated herein represents a
grant from a public source which could not be expected with
reasonable certainty at the time of the formulation of the
1977-78 Ordinance of Estimates; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
5th day of April, 1978, all in accordance with Article VI,
Section 2(h) (2) of the 1964 revised Charter of Baltimore
City.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI, Sec-
tion 2(h) (2) of the 1964 revision of the Charter of Balti-
more City, the sum of Five Million Four Hundred Forty-six
Thousand Nine Hundred Dollars ($5,446,900) shall be made
available to the Department of Housing and Community
Development of the City of Baltimore as a supplementary
special fund appropriation for the fiscal year ending June
30, 1978 for the purpose of carrying out operating activi-
ties included in the Federal Community Development Block
Grant Program for Baltimore City (Year IV), provided
that said sum of Five Million Four Hundred Forty-six
Thousand Nine Hundred Dollars ($5,446,900) shall be ap-
propriated as follows :
Program 177, Administrative Direction
and Control $ 108,000
Program 260, Construction and
Building Inspection 815,230
Program 581, Planning 541,000
Program 582, Land Development 240,230
Program 583, Neighborhood Development .. 1,170,800
Program 593, Community Support Projects 2,571,640
ORDINANCES 735
The amount thus made available as a supplementary spe-
cial fund appropriation shall be expended from a grant of
funds to the Mayor and City Council of Baltimore by the
Federal Government, said sum being specifically allotted to
the Mayor and City Council of Baltimore for the aforesaid
purpose by the Federal Government under Title I of the
Housing and Community Development Act of 1974; and
said funds from said Federal Government shall be the
source of revenue for this supplementary special fund ap-
propriation, as required by Article VI, Section 2(h) of the
1964 revised Charter of Baltimore City.
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved June 30, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 809
(Council No. 1581)
An Ordinance providing for a supplementary special fund
appropriation in the amount of Four Hundred Thirty-
eight Thousand Six Hundred Dollars ($438,600) to the
Department of Planning to be used for carrying out oper-
ating activities included in the Federal Community De-
velopment Block Grant Program for Baltimore City
(Year IV), in accordance with the provisions of Article
VI, Section 2(h)(2) of the Baltimore City Charter
(1964 Revision).
Whereas, the money appropriated herein represents a
grant from a public source which could not be expected with
reasonable certainty at the time of the formulation of the
1977-1978 Ordinance of Estimates ; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
736 ORDINANCES Ord. No. 810
twelfth day of April, 1978, all in accordance with Article
VI, Section 2(h)(2) of the 1964 revised Charter of Balti-
more City.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI, Sec-
tion 2(h)(2) of the 1964 revision of the Charter of Balti-
more City, the sum of Four Hundred Thirty-eight Thousand
Six Hundred Dollars ($438,600) shall be made available
to the Department of Planning of the City of Baltimore as
a supplementary special fund appropriation for the fiscal
year ending June 30, 1978 for the purpose of carrying out
operating activities included in the Federal Community
Development Block Grant Program for Baltimore City
(Year IV).
The amount thus made available as a supplementary spe-
cial fund appropriation shall be expended from a grant of
funds to the Mayor and City Council of Baltimore by the
Federal Government, said sum being specifically allotted to
the Mayor and City Council of Baltimore for the aforesaid
purpose by the Federal Government under Title I of the
Housing and Community Development Act of 1974; and
said funds from said Federal Government shall be the
source of revenue for this supplementary special fund
appropriation, as required by Article VI, Section 2(h) of
the 1964 revised Charter of Baltimore City.
Sec. 2. And be it further ordained. That this ordinance
shall take effect from the date of its passage.
Approved June 30, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 810
(Council No. 1582)
An Ordinance providing for a supplementary special fund
appropriation in the amount of Six Million Eight Hundred
ORDINANCES 737
Sixteen Thousand Seven Hundred Dollars ($6,816,700) to
the Urban Services Agency to be used for carrying out
operating activities included in the Federal Community
Development Block Grant Program for Baltimore City
(Year IV), in accordance with the provisions of Article
VI, Section 2(h) (2) of the Baltimore City Charter (1964
Revision).
Whereas, the money appropriated herein represents a
grant from a public source which could not be expected
with reasonable certainty at the time of the formulation
of the 1977-1978 Ordinance of Estimates; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
12th day of April, 1978, all in accordance with Article VI,
Section 2(h) (2) of the 1964 revised Charter of Baltimore
City.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2(h)(2) of the 1964 revision of the Charter of
Baltimore City, the sum of Six Million Eight Hundred
Sixteen Thousand Seven Hundred Dollars ($6,816,700)
shall be made available to the Urban Services Agency as a
supplementary special fund appropriation for the fiscal
year ending June 30, 1978 for the purpose of carrying out
operating activities included in the Federal Community
Development Block Grant Program for Baltimore City
(Year IV), provided that said sum of Six Million Eight
Hundred Sixteen Thousand Seven Hundred Dollars ($6,-
816,700) shall be appropriated as follows :
Program 119, Community Center
Administration $ 316,600
Program 171, Administration 878,200
Program 172, USA Neighborhood
Organizations 638,100
Program 296, USA Legal Assistance 223,000
Program 326, USA Health 406,000
738 ORDINANCES Ord. No. 811
Program 376, USA Social Services 1,925,000
Pro-am 396, USA Family and
Community Services 262,100
Program 426, USA Education 839,000
Program 496, USA Recreation 857,400
Program 576, USA Business Assistance .... 166,300
Program 578, USA Housing 305,000
The amount thus made available as a supplementary
special fund appropriation shall be expended from a grant
of funds to the Mayor and City Council of Baltimore by the
Federal Government, said sum being specifically allotted to
the Mayor and City Council of Baltimore for the aforesaid
purpose by the Federal Government under Title I of the
Housing and Community Development Act of 1974; and
said funds from said Federal Government shall be the
source of revenue for this supplementary special fund ap-
propriation, as required by Article VI, Section 2(h) of the
1964 revised Charter of Baltimore City.
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved June 30, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 811
(Council No. 1689)
An Ordinance entitled 'The Ordinance of Estimates" for the
twelve-month period ending June 30, 1979.
Section 1. Be it ordained by the Mayor and City Council of
Baltimore, That the following amounts or so much thereof as
shall be sufficient are hereby appropriated subject to the pro-
visions hereinafter set forth for the purpose of carrying out
the programs included in the operating budget and projects
ORDINANCES 739
listed in the capital budget from the amounts estimated to be
available in the designated funds during the fiscal year ending
June 30, 1979 :
A. OPERATING BUDGET
CIVIC CENTER COMMISSION
540. Civic Center Operation
General Fund Appropriation „ _ $ 2,383,488
CIVIL SERVICE COMMISSION
160. Personnel Administration
General Fund Appropriation _ $ 1,549,674
Special Fund Appropriation „ $ 52,944
COMMUNITY COLLEGE OF BALTIMORE
430. Administration of College
General Fund Appropriation _ $ 2,114,069
431. Instruction
General Fund Appropriation _ $ 6,585,209
Special Fund Appropriation $ 1,676,031
432. Operational Plant Maintenance
General Fund Appropriation $ 1,804,710
433. Student Services
General Fund Appropriation $ 735,287
Special Fund Appropriation _ _ _ $ 5,094,993
A revolving fund is hereby authorized to
provide for operation of two Book Stores
and Student Activities, the costs of which
are to be recovered from income derived
from sale of books, supplies and student
fees.
COMMUNITY RELATIONS COMMISSION
Development of Intergroup Relations
General Fund Appropriation $ 580,692
Special Fund Appropriation _ _ $ 111,348
740 ORDINANCES Ord. No. 811
COMPTROLLER, DEPARTMENT OF
130. Executive Direction and Control
General Fund Appropriation _ $ 142,884
131. Audits
General Fund Appropriation $ 1,007,450
132. Real Estate Acquisition and Management
General Fund Appropriation _ $ 345,400
134. Tax Sale Property Management
General Fund Appropriation _ $ 951,184
135. Insurance on City Facilities
General Fund Appropriation _ $ 708,311
136. Municipal Post Office
An intragovernmental service fund is
hereby authorized to provide for opera-
tion of a municipal post office, the costs
of which are to be recovered from using
agencies.
536. Markets and Harbor Administration
General Fund Appropriation _ $ 733,522
COUNCIL, CITY
100. City Legislation
General Fund Appropriation _ $ 910,245
COUNCIL, OFFICE OF FINANCIAL REVIEW
103. Financial Review
General Fund Appropriation $ 175,751
COURTS
109. Psychiatric Evaluation
General Fund Appropriation _ $ 38,808
110. Supreme Bench
General Fund Appropriation $ 4,796,277
Special Fund Appropriation $ 74,398
112. Orphans' Court
General Fund Appropriation $ 139,016
ORDINANCES 741
DISASTER CONTROL AND CIVIL DEFENSE, OFFICE OF
220. Disaster Planning
General Fund Appropriation _ $ 215,953
EDUCATION, DEPARTMENT OF
400. Administrative Direction and Control
General Fund Appropriation _ $ 6,451,051
Special Fund Appropriation _ $ 3,164,671
401. Instructional Services
General Fund Appropriation $127,629,220
Special Fund Appropriation $ 19,422,813
402. Pupil Personnel Services
General Fund Appropriation _ $ 7,134,140
Special Fund Appropriation $ 137,560
403. Pupil Transportation Services
General Fund Appropriation $ 1,588,046
Special Fund Appropriation _ _ $ 6,572,874
404. Plant Operation Services
General Fund Appropriation $ 30,889,824
Federal Antirecession Assistance
Fund Appropriation _ $ 1,850,000
Special Fund Appropriation _ _...._ $ 22,246
405. Plant Maintenance Services
General Fund Appropriation $ 9,750,566
Special Fund Appropriation $ 2,413
406. Food Services
General Fund Appropriation _ _ $ 70,000
Special Fund Appropriation _ _...._ $ 17,608,040
407. Student Body Services
General Fund Appropriation _ _ $ 1,002,000
411. Educational Services for Exceptional Children
General Fund Appropriation $ 27,963,331
Special Fund Appropriation _ _ _.. $ 2,208,071
421. Debt Service
General Fund Appropriation _...._ $ 24,845,474
742
ORDINANCES
Ord. No. 811
ELECTIONS, SUPERVISORS OF
180. Voter Registration and Conduct of Elections
General Fund Appropriation $ 1,205,974
EMPLOYEES RETIREMENT SYSTEMS,
BOARDS OF TRUSTEES
152. Administration, Employees Retirement Systems
General Fund Appropriation _ $ 506,287
FINANCE, DEPARTMENT OF
140. Administrative Direction and Control
General Fund Appropriation _ $ 195,890
141. Budget and Management Research
General Fund Appropriation _ _ $ 940,081
Federal Revenue Sharing
Fund Appropriation _ $ 25,000
142. Accounting Systems and Operations
General Fund Appropriation _ $ 1,954,387
Federal Revenue Sharing Appropriation $ 25,000
An intragovernmental service fund is
hereby authorized to provide for ac-
counting services of the Mobile Equip-
ment Program, the costs of which are to
be recovered from using agencies.
143. Collections and Receipts
General Fund Appropriation $ 2,007,808
144. Purchasing
General Fund Appropriation „ - $ 1,174,131
145. Warehousing
General Fund Appropriation _ - $ 2,369,817
An intragovernmental service fund is
hereby authorized to provide for opera-
tion of an oil delivery service, the costs
of which are to be recovered from using
agencies.
147. Management Information Services
General Fund Appropriation $ 2,444,320
ORDINANCES 743
148. Reproduction and Printing
An intragovernmental service fund is
hereby authorized to provide for opera-
tion of a municipal reproduction and
printing service, the costs of which are
to be recovered from using agencies.
189-145. Warehousing Automotive Parts
An intragovernmental service fund is
hereby authorized to provide for cen-
tralized automotive parts warehousing
and inventory, the costs of which are to
be recovered from using agencies.
FIRE, DEPARTMENT OF
210. Administrative Direction and Control
General Fund Appropriation _ $ 1,523,515
Federal Revenue Sharing Fund
Appropriation _ $ 1,295,720
211. Training
Federal Revenue Sharing Fund
Appropriation _ _ $ 319,722
212. Fire Suppression
General Fund Appropriation _ _ $ 25,781,631
Federal Revenue Sharing Fund
Appropriation _ $ 14,199,538
213. Fire Prevention
Federal Revenue Sharing Fund
Appropriation _ ........ $ 978,174
214. Ambulance Service
Federal Revenue Sharing Fund
Appropriation _ „ $ 3,035,996
215. Fire Alarm and Communications
Federal Revenue Sharing Fund
Appropriation „ „ _ $ 1,537,660
217. Equipment Maintenance
Federal Revenue Sharing Fund
Appropriation _...._ $ 905,326
219. Non-Actuarial Retirement Benefits
General Fund Appropriation $ 2,079,087
744 ORDINANCES Ord. No. 811
HEALTH, DEPARTMENT OF
225. Safety
General Fund Appropriation _ $ 620,817
240. Animal Control
General Fund Appropriation $ 557,430
300. Administrative Direction and Control
General Fund Appropriation _ $ 1,907,296
302. Environmental Health
General Fund Appropriation $ 2,730,112
Special Fund Appropriation $ 178,319
303. Special Purpose Grants
Special Fund Appropriation _...._ $ 2,000,000
304. Adult Health Services
General Fund Appropriation „ $ 1,669,796
Federal Revenue Sharing Fund
Appropriation ....... $ 100,000
Special Fund Appropriation ....... $ 1,295,612
305. Maternal and Infant Services
General Fund Appropriation $ 131,706
Special Fund Appropriation $ 2,414,974
306. General Nursing Services
General Fund Appropriation _ $ 2,786,962
Special Fund Appropriation $ 161,359
307. Mental Health Services
General Fund Appropriation $ 1,276,899
Special Fund Appropriation _ $ 2,154,776
308. Children and Youth Services
General Fund Appropriation _ $ 1,653,370
Special Fund Appropriation _ _.. $ 9,293,268
309. Medical Care
Special Fund Appropriation „ $ 531,045
311. Health Services for the Aging
General Fund Appropriation _ $ 590,030
Special Fund Appropriation $ 3,324,276
ORDINANCES 745
HISTORICAL AND ARCHITECTURAL PRESERVATION,
COMMISSION FOR
570. Preservation of Historic Places
General Fund Appropriation _ $ 93,387
HOSPITALS, DEPARTMENT OF
335. Administrative Services
General Fund Appropriation $ 1,437,599
336. Fiscal Services
General Fund Appropriation $ 2,392,131
337. General Services
General Fund Appropriation - $ 8,011,633
A revolving fund is hereby authorized to
provide for operation of an employees'
cafeteria, the costs of which are to be
recovered from income derived from sale
of meals.
An intragovernmental service fund is
hereby authorized to provide for opera-
tion of staff apartments, the costs of
which are to be recovered from income
derived from apartment rentals.
339. Nursing Services
General Fund Appropriation $ 8,832,605
340. Professional Care of Patients
General Fund Appropriation $ 4,723,907
341. Outpatient Care
General Fund Appropriation $ 1,771,155
342. Diagnostic Services
General Fund Appropriation _...._ $ 5,845,360
343. Grants and Special Projects
Special Fund Appropriation $ 3,048,127
A revolving fund is hereby authorized to
provide for the receipt of funds donated
by civic groups and individuals, and for
the expenditures thereof for special hos-
pital projects.
746 ORDINANCES Ord. No. 811
345. Paramedical Services
General Fund Appropriation _.. $ 2,317,311
A revolving fund is hereby authorized to
provide for the operation of an outpa-
tient phannacy, the costs of which are
to be recovered from income derived
from the sale of medicines to patients.
347. Long Term Care
General Fund Appropriation _.. $ 3,463,613
348. Central Laundry Facility
An intragovernmental service fund is
hereby authorized to provide for opera-
tion of a central laundry service, the
costs of which are to be recovered from
using agencies.
HOUSING AND COMMUNITY DEVELOPMENT,
DEPARTMENT OF
177. Administrative Direction and Control
General Fund Appropriation $ 8,863,724
260. Construction and Building Inspection
General Fund Appropriation _.... _.. $ 2,436,109
Special Fund Appropriation - _...._ $ 249,000
581. Planning
General Fund Appropriation - $ 227,019
582. Land Development
General Fund Appropriation _ „.. $ 181,397
583. Neighborhood Development
General Fund Appropriation _ $ 3,214,884
Special Fund Appropriation $ 358,000
584. Charles Center/Inner Harbor Management
General Fund Appropriation - $ 960,966
585. Economic Development
General Fund Appropriation $ 958,858
Special Fund Appropriation _. $ 80,812
ORDINANCES 747
JAIL BOARD
290. Care and Custody of Prisoners
General Fund Appropriation $ 10,925,176
Special Fund Appropriation - - $ 176,623
G 100-04. Jail Commissary
A revolving fund is hereby authorized to
provide for operation of a Commissary
for inmates and jail personnel, the costs
of which are to be recovered from in-
come derived from Commissary sales.
LAW, DEPARTMENT OF
175. Legal Services
General Fund Appropriation _ $ 2,696,299
An intragovernmental service fund is
hereby authorized to provide for a self-
insurance program covering automotive
equipment, police animal liability and
employee liability, the costs of which are
to be recovered from using agencies.
LEGISLATIVE REFERENCE, DEPARTMENT OF
106. Legislative Reference Services
General Fund Appropriation -._ $ 160,333
107. Records Management
General Fund Appropriation $ 158,659
LIBRARY, ENOCH PRATT FREE
450. Administrative and Technical Services
General Fund Appropriation _ $ 930,203
Special Fund Appropriation $ 73,383
452. Extension Services
General Fund Appropriation $ 3,754,560
Federal Revenue Sharing Fund
Appropriation „ _ $ 500,000
Special Fund Appropriation $ 75,351
748 ORDINANCES Ord. No. 811
453. State Library Resource Center
General Fund Appropriation _ _.. $ 3,027,964
Special Fund Appropriation _ _ $ 864,643
LIQUOR LICENSE COMMISSIONERS, BOARD OF
250. Liquor Control
General Fund Appropriation ....... $ 486,567
MAYORALTY
125. Executive Direction and Control
General Fund Appropriation _ „ $ 661,278
Motor Vehicle Fund Appropriation $ 44,000
MAYORALTY-RELATED
120. Legislative Liaison
General Fund Appropriation - $ 68,617
121. Contingent Fund
General Fund Appropriation $ 500,000
122. Miscellaneous General Expenses
General Fund Appropriation _ $ 5,343,000
385. Health and Welfare Grants
General Fund Appropriation $ 92,462
446. Educational Grants
General Fund Appropriation $ 156,531
590. Civic Promotion
General Fund Appropriation $ 1,790,994
Special Fund Appropriation $ 100,000
128. Labor Relations
General Fund Appropriation „ $ 139,918
324. Aging and Retirement Education
General Fund Appropriation $ 1,172,136
Special Fund Appropriation $ 1,386,541
A revolving fund is hereby authorized to
provide for food and operational supplies
of the Waxter Center Cafeteria, the costs
of which are to be recovered from in-
come derived from the sale of meals.
ORDINANCES 749
492. Promotion of Art and Culture
General Fund Appropriation .. $ 1,223,269
Special Fund Appropriation $ 57,500
572. Telecommunications Coordination
General Fund Appropriation $ 319,598
223. Community Justice Self -Help
General Fund Appropriation _.. $ 121,820
Special Fund Appropriation ........ $ 535,180
224. Mayor's Coordinating Council on
Criminal Justice
General Fund Appropriation — $ 185,442
Special Fund Appropriation $ 114,445
620. Comprehensive Manpower
General Fund Appropriation $ 76,507
Special Fund Appropriation $ 55,051,005
621. Comprehensive Manpower — Public Service
Employment
Special Fund Appropriation $101,375,616
622. Special Services
General Fund Appropriation $ 527,249
Special Fund Appropriation - $ 4,559,693
623. Demonstration Projects
General Fund Appropriation $ 27,244
Special Fund Appropriation $ 8,681,043
MAYOR'S ADVISORY COMMITTEE ON
SMALL BUSINESS
575. Liaison with Small Business
General Fund Appropriation $ 65,478
MINIMUM WAGE COMMISSION
165. Minimum Wage Enforcement
General Fund Appropriation $ 150,327
MUSEUM OF ART
489. Operation of Museum of Art
General Fund Appropriation $ 1,267,356
750 ORDINANCES Ord. No. 811
MUSEUM, MUNICIPAL
490. Municipal Museum
General Fund Appropriation _.... $ 140,943
OFF-STREET PARKING COMMISSION
579. Development of Off-Street Parking Facilities
General Fund Appropriation $ 325,734
PLANNING, DEPARTMENT OF
187. City Planning
General Fund Appropriation _...._ _ $ 1,199,174
Motor Vehicle Fund Appropriation $ 188,899
Special Fund Appropriation _.... _...._ $ 403,942
POLICE, DEPARTMENT OF
200. Administrative Direction and Control
General Fund Appropriation _ $ 6,670,384
201. General Patrol
General Fund Appropriation _ $ 53,560,339
Special Fund Appropriation ...... $ 38,947
202. Investigations
General Fund Appropriation - _ $ 7,629,205
203. Traffic
Motor Vehicle Fund Appropriation _ $ 4,791,668
Special Fund Appropriation _ .. $ 159,000
204. Services Bureau
General Fund Appropriation „ $ 11,097,142
205. Non- Actuarial Retirement Benefits
General Fund Appropriation _ $ 9,280,636
POST MORTEM EXAMINERS, DEPARTMENT OF
238. Investigation of Sudden or Violent Death
General Fund Appropriation $ 656,409
ORDINANCES 751
PUBLIC WORKS, DEPARTMENT OF
189. Mobile Equipment
An intragovernmental service fund is
hereby authorized to provide for opera-
tion of a central automotive and me-
chanical repair service, the costs of
which are to be recovered from using
agencies.
190. Administrative Direction and Control
General Fund Appropriation _...._ _ $ 1,268,220
191. Survey Control
General Fund Appropriation _ $ 1,487,984
193. Public Building Management
General Fund Appropriation _ _. $ 4,921,411
195. Abandoned Vehicles
Motor Vehicle Fund Appropriation $ 1,243,588
Special Fund Appropriation ~. $ 18,000
196. Special Services
General Fund Appropriation $ 1,083,508
Federal Antirecession Assistance Fund
Appropriation $ 422,693
Motor Vehicle Fund Appropriation „ $ 945,903
198. Engineering Administration and Support
General Fund Appropriation $ 278,433
241. Materials, Weights and Measures Testing
General Fund Appropriation $ 799,684
242. Public Building Construction Inspection
An intragovernmental service fund is
hereby authorized to provide for con-
tract management and inspection of mu-
nicipal building construction, the costs of
which are to be recovered from capital
project appropriations.
243. Highway, Bridge and Utility Construction
Inspection
An intragovernmental service fund is
hereby authorized to provide for con-
tract management and inspection of mu-
752 ORDINANCES Ord. No. 811
nicipal highway, bridge and utility con-
struction, the costs of which are to be
recovered from capital project appro-
priations.
500. Street Lighting
Motor Vehicle Fund Appropriation $ 8,844,612
501. Public Streets, Bridges and Highways
Motor Vehicle Fund Appropriation _ $ 7,905,633
512. Engineering Design
General Fund Appropriation - _ $ 12,937,178
Motor Vehicle Fund Appropriation $ 17,342,514
Special Fund Appropriation „ $ 155,489
515. Refuse Collection
General Fund Appropriation _ $ 7,529,540
Federal Antirecession Assistance Fund
Appropriation _...._ _ _ $ 838,907
Motor Vehicle Fund Appropriation _ $ 8,332,647
Special Fund Appropriation $ 30,000
516. Refuse Disposal
General Fund Appropriation - - $ 6,126,089
G100-753. Pyrolysis Plant
A revolving fund is hereby authorized to
provide for the receipt of funds from
Pyrolysis Plant operations, and for the
distribution thereof to the City and State
as required by contract.
518. Maintenance and Repair of Storm Water System
General Fund Appropriation $ 1,467,243
Federal Antirecession Assistance Fund
Appropriation _ _ $ 343,875
Motor Vehicle Fund Appropriation $ 15,234
544. Maintenance and Repair of Sanitary System
General Fund Appropriation $ 2,551,243
546. Water Distribution, Water Meters and
Investigation
General Fund Appropriation _ $ 6,165,906
548. Conduits
General Fund Appropriation $ 1,128,661
ORDINANCES 753
550. Waste Water Treatment and Pumping
General Fund Appropriation _ $ 7,778,583
552. Water Supply Treatment and Pumping
General Fund Appropriation $ 6,184,567
561. Consumer Services
General Fund Appropriation $ 2,179,086
Motor Vehicle Fund Appropriation $ 254,501
RECREATION AND PARKS, DEPARTMENT OF
471. Administrative Direction and Control
General Fund Appropriation _ _ $ 2,619,690
473. Municipal Concerts and Other Musical Events
General Fund Appropriation _ . $ 81,846
478. General Park Services
General Fund Appropriation _ $ 8,248,417
Federal Revenue Sharing Fund
Appropriation $ 501,970
479. Special Park Facilities
General Fund Appropriation _ _ $ 4,111,198
Special Fund Appropriation _ $ 165,000
480. Regular Recreational Services
General Fund Appropriation - $ 5,639,777
Federal Revenue Sharing Fund
Appropriation _ $ 3,723,194
Special Fund Appropriation $ 230,729
482. Supplementary Recreational Services
Special Fund Appropriation _ $ 267,821
A revolving fund is hereby authorized
to provide for the receipt of funds from
sports franchise charges and various pri-
vate activities such as community dances
and for expenditures thereof for recrea-
tion purposes not supported by City ap-
propriation.
505. Street Trees
General Fund Appropriation _ $ 838,566
754 ORDINANCES Ord. No. 811
SHERIFF, OFFICE OF
118. Sheriff Services
General Fund Appropriation $ 1,585,543
SOCIAL SERVICES, DEPARTMENT OF
359. Supportive Sendee Agencies
General Fund Appropriation _ $ 28,000
365. Public Assistance
General Fund Appropriation _ $ 210,000
Special Fund Appropriation $152,700,478
Provided that $15,000 per month from
each of the aforementioned appropria-
tions will be allotted for General Public
Assistance-Employable grants.
367. Welfare Clinic
General Fund Appropriation _ $ 96,595
368. Special Care Projects
General Fund Appropriation $ 274,457
Special Fund Appropriation „ $ 823,373
369. Cylburn Home
General Fund Appropriation _ $ 375,748
370. Day Care for Children
Special Fund Appropriation _ $ 4,877,218
371. Food Stamp Administration
General Fund Appropriation $ 2,027,112
Special Fund Appropriation _ _ _.. $ 2,027,112
374. Emergency Services
General Fund Appropriation $ 155,000
Special Fund Appropriation $ 155,000
STATE'S ATTORNEY, OFFICE OF
115. Prosecution of Criminals
General Fund Appropriation $ 2,892,962
Special Fund Appropriation » $ 413,838
ORDINANCES 755
TRANSIT AND TRAFFIC, DEPARTMENT OF
230. Administrative Direction and Control
Motor Vehicle Fund Appropriation $ 779,073
Special Fund Appropriation $ 79,631
231. Traffic Planning and Engineering
Motor Vehicle Fund Appropriation $ 900,323
Special Fund Appropriation $ 50,000
232. Metered Parking Control
General Fund Appropriation _ $ 608,581
233. Traffic Signs and Street Markings
Motor Vehicle Fund Appropriation $ 1,199,214
Special Fund Appropriation $ 6,000
234. Construction and Maintenance of Traffic Signals
Motor Vehicle Fund Appropriation $ 2,545,959
TREASURER, DEPARTMENT OF
150. Treasury Management
General Fund Appropriation $ 3,110,943
URBAN SERVICES AGENCY
119. Community Center Administration
General Fund Appropriation _ $ 777,419
171. Administration
General Fund Appropriation ........ $ 609,897
Special Fund Appropriation $ 2,735,275
172. USA Neighborhood Organization
General Fund Appropriation _ $ 647,700
Special Fund Appropriation _ _ $ 2,017,026
322. USA Comprehensive Health Services
Special Fund Appropriation _...._ „.. $ 1,858,827
395. USA Children's Services
General Fund Appropriation _...._ $ 188,343
Special Fund Appropriation $ 1,531,806
396. USA Family and Community Services
General Fund Appropriation $ 75,000
Special Fund Appropriation $ 1,385,900
756 ORDINANCES Ord. No. 811
470. USA Library Services
Special Fund Appropriation - $ 46,300
WAR MEMORIAL COMMISSION
487. Operation of War Memorial Building
General Fund Appropriation _ _ $ 161,821
ZONING APPEALS, DEPARTMENT OF MUNICIPAL AND
185. Zoning, Tax and Other Appeals
General Fund Appropriation $ 205,791
B. CAPITAL BUDGET
CIVIC CENTER COMMISSION
Construction Reserve
City General Fund Appropriation $ 150,000
Provided that the aforegoing
General Fund Appropriation herein
made is for the Civic Center Roof.
COMMUNITY COLLEGE OF BALTIMORE
Construction Reserve
City General Fund Appropriation $ 164,000
State Grant Fund Appropriation _ $ 189,000
Private Grant Fund Appropriation _ $ 50,000
Provided that the aforegoing
Capital Improvement Appropriations herein
made are for the following projects:
Harbor Campus Additional Equipment
City General Fund Appropriation $ 50,000
Liberty Campus Radio Station
City General Fund Appropriation $ 33,000
Private Grant Fund Appropriation $ 50,000
Liberty Campus HVAC Renovation
City General Fund Appropriation $ 24,000
State Grant Fund Appropriation $ 56,000
Handicapped Modifications
City General Fund Appropriation $ 15,000
State Grant Fund Appropriation _ $ 35,000
Liberty Campus Roof Replacement
City General Fund Appropriation _ $ 42,000
State Grant Fund Appropriation — $ 98,000
ORDINANCES 757
COMPTROLLER, DEPARTMENT OF
Construction Reserve
Mayor and City Council Real Property
Fund Appropriation „ _ $ 90,000
State Grant Fund Appropriation $ 37,000
Provided that the aforegoing
Capital Improvement Appropriations
herein made are for the
following projects:
Lafayette Market HVAC
Mayor and City Council Real
Property Fund Appropriation _ $ 30,000
Northeast Market HVAC
Mayor and City Council Real
Property Fund Appropriation $ 35,000
Broadway Market North Shed HVAC
Mayor and City Council Real
Property Fund Appropriation _ $ 25,000
Middle Branch Barge Removal
State Grant Fund Appropriation $ 37,000
EDUCATION, DEPARTMENT OF
Construction Reserve
State Grant Fund Appropriation _ $ 15,383,000
State School Construction Loan
Fund Appropriation _ _...._ _ $ 800,000
Mayor and City Council Real
Property Fund Appropriation _.... $ 100,000
Federal Grant Fund Appropriation $ 175,000
Provided that the aforegoing
Capital Improvement Appropriations
are for the following projects :
Construction Reserve
City Loan Fund Deappropriation $ (1,184,000)
State School Construction Loan
Fund Appropriation $ 800,000
Kitchen Renovation School 400
Federal Grant Fund Appropriation $ 125,000
Retrofitting of School Buildings
Federal Grant Fund Appropriation $ 50,000
ORDINANCES Ord. No. 811
Addition of Handicap Facilities
Mayor and City Council Real
Property Fund Appropriation „ $ 100,000
No. 209 Winston Middle School
Renovation/Addition
City Loan Fund Appropriation _.. $ 104,000
State Grant Fund Appropriation $ 1,065,000
No. 313 Murray Trainable
Replacement
State Grant Fund Appropriation $ 89,000
No. 315 Jackson Trainable
Replacement
State Grant Fund Appropriation _ $ 96,000
No. 406 Forest Park SHS
Replacement
City Loan Fund Appropriation _ $ 684,000
State Grant Fund Appropriation > $ 8,213,000
No. 66 Mt. Royal Interm
Renovation
State Grant Fund Appropriation _ $ 1,305,000
No. 213 Govans Elem
Renovation/ Addition
City Loan Fund Appropriation ... $ 123,000
State Grant Fund Appropriation $ 1,240,000
No. 408 City College
Renovation/Addition
City Loan Fund Appropriation _ $ 56,000
State Grant Fund Appropriation $ 648,000
No. 130 BT Washington JHS
Renovation/Addition
City Loan Fund Appropriation „...._ $ 202,000
State Grant Fund Appropriation $ 2,380,000
No. 307 Claremont Trainable
Addition
City Loan Fund Appropriation $ 15,000
State Grant Fund Appropriation _ $ 147,000
School of the Performing Arts
Renovation
State Grant Fund Appropriation _ $ 200,000
ORDINANCES 759
FINANCE, DEPARTMENT OF
Construction Reserve
Mayor and City Council Real
Property Fund Appropriation $ 215,000
Provided that the aforegoing
Capital Improvement Appropriation
herein made is for the
following projects:
Tank Farm Improvements _ $ 50,000
Management Information Services $ 90,000
Post Office Improvements „....„ $ 75,000
FIRE DEPARTMENT
Construction Reserve
City Loan Fund Appropriation « $ 200,000
Mayor and City Council Real
Property Fund Appropriation $ 146,000
Federal Grant Fund Appropriation „ $ 36,000
Provided that the aforegoing
Capital Improvement Appropriations
herein made are for the
replacement of Engine Co. No. 46.
HOSPITALS, DEPARTMENT OF
Construction Reserve
City General Fund Appropriation $ 1,627,000
Mayor and City Council Real
Property Fund Deappropriation _ $ (106,000)
Federal Grant Fund Deappropriation $ (22,000)
Provided that the aforegoing
Capital Improvement Appropriations
herein made are for the
following projects:
Construction Reserve
Mayor and City Council Real
Property Fund Deappropriation $ (106,000)
Federal Grant Fund Deappropriation $ (247,000)
Relocation Pathology Lab
City General Fund Appropriation $ 538,000
'D' Building Generator
City General Fund Appropriation $ 84,000
760 ORDINANCES Ord. No. 811
Master Plan
City General Fund Appropriation _ $ 180,000
Energy Retrofit
City General Fund Appropriation $ 225,000
Federal Grant Fund Appropriation $ 225,000
Staff Apartments Modernization
City General Fund Appropriation - $ 600,000
HOUSING AND COMMUNITY DEVELOPMENT,
DEPARTMENT OF
Construction Reserve
City General Fund Appropriation $ 93,000
City Loan Fund Appropriation _ $ 4,165,000
State Grant Fund Appropriation $ 151,000
Federal Grant Fund Appropriation _.. $ 15,540,000
Project Revenue Fund Appropriation $ 200,000
Provided that the aforegoing
Capital Improvement Appropriations
herein made are for the following
projects:
Project 26-H Rehabilitation
City Loan Fund Appropriation $ 500,000
Retail District
City Loan Fund Appropriation — $ 2,500,000
Neighborhood Services Improvement
Program
City Loan Fund Appropriation - _ $ 500,000
Carroll Industrial Park
City Loan Fund Deappropriation $ (342,000)
Federal Grant Fund Appropriation _ $ 157,000
Commercial Area Improvements
City Loan Fund Appropriation „ $ 827,000
Industrial Development — Land Acquisition
and Working Capital
City General Fund Appropriation _ $ 93,000
Project Revenue Fund Appropriation $ 200,000
Park Heights Improvements Near
Pimlico Race Track
State Racetrack Grant Fund
Appropriation $ 151,000
ORDINANCES
761
Provided that the Racetrack Funds
herein appropriated represent a State
Grant for a restricted purpose.
Wilmarco Street Extension
City Loan Fund Appropriation _ -
Urban Development Action Grant
Federal Grant Fund Appropriation ....
Fort Holabird
Federal Grant Fund Appropriation -
JAIL BOARD
Construction Reserve
$ 180,000
$ 10,000,000
$ 5,383,000
City General Fund Appropriation _...
State Grant Fund Appropriation
Provided that the aforegoing
Capital Improvement Appropriations
herein made are for the following
projects:
Construction Reserve
City General Fund Deappropriation .
HVAC Renovation — WDC
City General Fund Appropriation ....
State Grant Fund Appropriation „...
Jail Infirmary Renovation
City General Fund Appropriation ....
State Grant Fund Appropriation .....
Basement Insulation Pipes and Ventilation
City General Fund Appropriation ....
State Grant Fund Appropriation _...
Stone Paneling Replacement
City General Fund Appropriation - $
$
145,000
195,000
(100,000)
50,000
50,000
95,000
95,000
50,000
50,000
50,000
LIBRARY, ENOCH PRATT
Construction Reserve
City General Fund Appropriation „
Provided that the aforegoing
Capital Improvement Appropriation
herein made is for the following
projects :
Central Library Cooling Tower _
Automation Equipment _ _._
Construction Reserve Deappropriation
— 0—
27,000
57,000
(84,000)
762 ORDINANCES Ord. No. 811
MAYORALTY
Construction Reserve
City General Fund Appropriation _ $ 18,000
Private Grant Fund Appropriation $ 254,000
Federal Grant Fund Appropriation _...- $ 18,000
Provided that the aforegoing
Capital Improvement Appropriations
herein made are for the following
projects:
Lafayette Square
Private Grant Fund Appropriation $ 254,000
Disaster Control and Civil Defense
Renovation
City General Fund Appropriation $ 18,000
Federal Grant Fund Appropriation _ $ 18,000
MUNICIPAL MUSEUM (PEALE)
Construction Reserve
City General Fund Appropriation „ $ 50,000
Mayor and City Council Real Property
Fund Appropriation 1 $ 250,000
Provided that the aforegoing
Capital Improvement Appropriations
herein made are for the following
projects:
Climate Control
Mayor and City Council Real Property
Fund Appropriation - -... $ 250,000
Historic Displays
City General Fund Appropriation $ 50,000
MUSEUM OF ART
Construction Reserve
State Grant Fund Appropriation - $ 2,250,000
Federal Grant Fund Appropriation $ 300,000
Private Grant Fund Appropriation _ $ 900,000
Provided that the aforegoing
Capital Improvement Appropriations
herein made are for the renovation
and expansion of the Baltimore
Museum of Art.
ORDINANCES 763
OFF-STREET PARKING COMMISSION
Construction Reserve
City Loan Fund Appropriation $ 3,691,000
Revenue Bond Fund Appropriation $ 8,275,000
Provided that the aforegoing
Capital Improvement Appropriations
herein made are for the following
projects:
Construction Reserve
City Loan Fund Deappropriation $ (279,000)
Washington Village Commercial
Parking Lot
City Loan Fund Appropriation $ 50,000
Park Heights Commercial Parking Lot
City Loan Fund Deappropriation $ (50,000)
Upton Commercial Parking Lots — Phase I
City Loan Fund Appropriation $ 50,000
Hollins Market Commercial Parking Lot —
Phase II
City Loan Fund Appropriation $ 200,000
Bon Secours Hospital Parking Garage
City Loan Fund Appropriation $ 500,000
Constellation Place Parking Garage
City Loan Fund Appropriation „. $ 3,220,000
Inner Harbor West Parking Garage
Revenue Bond Fund Appropriation $ 2,775,000
Mid-Town Belvedere Parking Garage
Revenue Bond Fund Appropriation $ 1,500,000
Penn Station Parking Garage
Revenue Bond Fund Appropriation $ 4,000,000
PUBLIC WORKS, DEPARTMENT OF
Construction Reserve — Alley and Footway Paving
City General Fund Appropriation „ $ 420,000
Motor Vehicle Revenue Fund
Appropriation _ $ 50,000
Building and Property Owner Fund
Appropriation „ - _ $ 500,000
Provided that the aforegoing
Capital Improvement Appropriations
herein made are for the following
projects:
764 ORDINANCES Ord. No. 811
Footway Paving Construction Reserve
City General Fund Appropriation $ 20,000
Building and Property Owner Fund
Appropriation $ 200,000
Alley Paving Construction Reserve
City General Fund Appropriation _ $ 200,000
Builder and Property Owner Fund
Appropriation $ 300,000
Tree Roots Footway Construction Reserve
City General Fund Appropriation $ 200,000
Motor Vehicle Revenue Fund
Appropriation $ 50,000
Construction Reserve — General Services
City General Fund Appropriation $ 225,000
Working Capital Fund Appropriation _.. $ 268,000
Provided that the aforegoing
Capital Improvement Appropriations
herein made are for the following
projects:
Construction Reserve
Working Capital Fund
Deappropriation _ $ (182,000)
Northeastern Vehicle Substation
Working Capital Fund Appropriation. $ 400,000
Court House Roof and Parapets
City General Fund Appropriation $ 50,000
Court House HVAC
City General Fund Appropriation $ 25,000
Eastern Substation Renovation
Working Capital Fund Appropriation $ 50,000
Civil Service Commission Renovation
City General Fund Appropriation $ 60,000
Court House Energy Retrofit
City General Fund Appropriation _ $ 90,000
Construction Reserve — Highways Construction
State DOT Loan Fund Appropriation _ $ 9,575,000
$ 9,550,000
Motor Vehicle Revenue Fund
Appropriation „ _ $ 1,380,000
Federal Grant Fund Appropriation _ $ 1,682,000
ORDINANCES 765
Private Grant Fund Appropriation $ 1,496,000
Provided that the aforegoing
Capital Improvement Appropriations
herein made are for the following
projects:
Central Avenue (Oldtown)
State DOT Loan Fund Appropriation $ 152,000
Highway Safety Improvements
Federal Grant Fund Appropriation $ 150,000
Motor Vehicle Revenue Fund
Appropriation _ $ 200,000
Georgetown Road
State DOT Loan Fund Appropriation $ 571,000
Clipper Mill Road — Falls to Ash
State DOT Loan Fund Appropriation $ 30,000
Bloomingdale Road over WMRR
Private Grant Fund Appropriation $ 489,000
Biddle Street Extension
State DOT Loan Fund Appropriation $ 25,000
$ 0
Poplar Grove Street Bridge
State DOT Loan Fund Appropriation $ 494,000
Clifton Avenue Bridge
State DOT Loan Fund Appropriation $ 73,000
Greely Avenue Bridge
Motor Vehicle Revenue Fund
Appropriation $ 681,000
Patapsco Avenue — Caton to Potee
State DOT Loan Fund Appropriation $ 500,000
Sexton Street — Herkimer to B&ORR
State DOT Loan Fund Appropriation $ 157,000
Harmon Avenue — Washington B&ORR
State DOT Loan Fund Appropriation $ 143,000
Old North Point Road Underpass — B&ORR
Private Grant Fund Appropriation $ 1,007,000
Howard Street Bridge
State DOT Loan Fund Appropriation $ 954,000
Windsor Mill Road Feasibility Study
State DOT Loan Fund Appropriation $ 10,000
Pennington Avenue — Ordnance to Curtis
State DOT Loan Fund Appropriation $ 270,000
Federal Grant Fund Appropriation ... $ 630,000
766 ORDINANCES Ord. No. 811
Windsor Mill Road — Wetheredsville to
Gwynns Falls Parkway
State DOT Loan Fund Appropriation $ 10,000
English Consul Avenue — Magnolia to
1000' South
State DOT Loan Fund Appropriation $ 207,000
Salt Domes
Motor Vehicle Revenue Fund
Appropriation m $ 90,000
Edison Highway Bridge
State DOT Loan Fund Appropriation $ 1,332,000
Maiden's Choice Run Culvert
State DOT Loan Fund Appropriation $ 410,000
Motor Vehicle Revenue Fund
Appropriation _ - _ $ 409,000
Wicomico Street — Hollins Ferry to Ontario
State DOT Loan Fund Appropriation $ 29,000
Federal Grant Fund Appropriation _ $ 269,000
35th Street — Ellerslie to Frisby
State DOT Loan Fund Appropriation $ 167,000
Ontario Street — Wicomico to Berlin
State DOT Loan Fund Appropriation $ 11,000
Federal Grant Fund Appropriation -.. $ 105,000
Berlin Street — Hollins Ferry to Ontario
State DOT Loan Fund Appropriation $ 12,000
Federal Grant Fund Appropriation _.. $ 108,000
Mapping Program — Phase III
State DOT Loan Fund Appropriation $ 240,000
Holabird Avenue — Broening to Dundalk
State DOT Loan Fund Appropriation $ 50,000
Harford Road — North to B&ORR
Feasibility Study
State DOT Loan Fund Appropriation $ 30,000
Pratt Street — Charles to Sharp
State DOT Loan Fund Appropriation
DEAPPROPRIATION _ $ (34,000)
Charles Street — Pratt to Conway
State DOT Loan Fund Appropriation $ 8,000
Pratt Street — Pier 3 to Concord
State DOT Loan Fund Appropriation $ 994,000
Orleans Street — Gay to Aisquith
State DOT Loan Fund Appropriation $ 180,000
Federal Grant Fund Appropriation - $ 420,000
ORDINANCES 767
Otterbein Streets
State DOT Loan Fund Appropriation $ 638,000
Market Place — Lombard to Baltimore
State DOT Loan Fund Appropriation $ 590,000
Saratoga/Greene Streets — SSA
State DOT Loan Fund Appropriation $ 472,000
Barre Street — Sharp to Hanover
State DOT Loan Fund Appropriation $ 62,000
Sharp Street — Barre to Conway
State DOT Loan Fund Appropriation $ 119,000
Sharp Street — Pratt to Conway
State DOT Loan Fund Appropriation $ 269,000
Hanover Street — Barre to Hughes
State DOT Loan Fund Appropriation $ 207,000
Perry Street — Charles to Sharp
State DOT Loan Fund Appropriation $ 173,000
Park Heights — ■ Feasibility Study
State DOT Loan Fund Appropriation $ 20,000
Construction Reserve — Highways Major
Reconstruction
State DOT Loan Fund Appropriation $ 1,386,000
Motor Vehicle Revenue Fund
Appropriation - $ 6,109,000
Federal Grant Fund Appropriation $ 1,773,000
Provided that the aforegoing
Capital Improvement Appropriations
herein made are for the following
projects:
Construction — Major Reconstruction
Reserve
Motor Vehicle Revenue Fund
Appropriation „ $ 2,000,000
Baltimore Street/Warwick Avenue
State DOT Loan Fund Appropriation $ 100,000
Hamilton Avenue — Frankford to Belair
State DOT Loan Fund Appropriation $ 5,000
Wyman Park Bikeway
State DOT Loan Fund Appropriation $ 25,000
Charles Street — Henrietta to West
State DOT Loan Fund Appropriation $ 250,000
768 ORDINANCES Ord. No. 811
Off -System Safety Projects
State DOT Loan Fund Appropriation $ 10,000
Federal Grant Fund Appropriation $ 23,000
Ashburton Street — Baker to 110' South
State DOT Loan Fund Appropriation $ 36,000
Cold Spring Lane — Park Heights to Wabash
State DOT Loan Fund Appropriation $ 25,000
Patterson Avenue — Reisterstown to Wabash
State DOT Loan Fund Appropriation $ 10,000
North Avenue — Madison to Fulton
State DOT Loan Fund Appropriation $ 50,000
Hutchins Avenue — York to Belvedere
State DOT Loan Fund Appropriation $ 10,000
Major Resurfacing — Various Locations
Motor Vehicle Revenue Fund
Appropriation _ _ $ 4,109,000
North Avenue — Howard to St. Paul and
Barclay to Aisquith
State DOT Loan Fund Appropriation $ 731,000
Federal Grant Fund Appropriation ~. $ 1,750,000
Monument Street/Centre Street
State DOT Loan Fund Appropriation ...... $ 134,000
Construction Reserve — Interstate Highways
State Grant Fund Appropriation $ 91,000
Federal Grant Fund Appropriation — $ 40,998,000
Provided that the aforegoing
Capital Improvement Appropriations
herein made are for the following
projects:
Joint Development — School No. 314
State Grant Fund Appropriation _ $ 91,000
Federal Grant Fund Appropriation _.. $ 1,029,000
City Boulevard Segment 'F'
Federal Grant Fund Appropriation _ $ 19,044,000
1-70 Interchange with 1-70 Segment *H'
Federal Grant Fund Appropriation _. $ 10,000,000
1-95 Segment 'N'
Federal Grant Fund Appropriation $ 10,925,000
Construction Reserve — Solid Waste
Mayor and City Real Property Fund
Appropriation $ 200,000
Provided that the aforegoing
ORDINANCES 769
Capital Improvement Appropriation
herein made is for landscaping at
the Northwest Transfer Station.
Construction Reserve — Storm Water
City General Fund Appropriation _ $ 50,000
City Loan Fund Appropriation _ $ 260,000
State DOT Loan Fund Appropriation $ 1,312,000
Provided that the aforegoing
Capital Improvement Appropriations
herein made are for the following
projects:
City Boulevard Storm Drain Outfall
State DOT Loan Fund Appropriation $ 1,312,000
Small Storm Drain Extensions
City General Fund Appropriation $ 50,000
Erosion Control — Dead Run
City Loan Fund Appropriation _ $ 30,000
Erosion Control — Stoney Run
City Loan Fund Appropriation - $ 20,000
Erosion Control — Herring Run
City Loan Fund Appropriation $ 160,000
Erosion Control — Maidens Choice
City Loan Fund Appropriation $ 50,000
Construction Reserve — Street Lighting
City Loan Fund Appropriation $ 50,000
Motor Vehicle Revenue Fund
Appropriation _ $ 600,000
Provided that the foregoing
Capital Improvement Appropriations
herein made are for Street Lighting
Conversions from mercury vapor
to sodium vapor fixtures at
various locations.
Construction Reserve — Waste Water
City General Fund Appropriation _ $ 100,000
City Loan Fund Appropriation — $ 49,000
State Grant Fund Appropriation _ $ 96,000
County Grant Fund Appropriation $ 49,000
Federal Grant Fund Appropriation $ 581,000
Provided that the aforegoing
Capital Improvement Appropriations
770 ORDINANCES Ord. No. 811
herein made are for the following
projects:
Small Sewer Extensions and Improvements
City General Fund Appropriation $ 100,000
Sludge Filtration — BRWWTP
City Loan Fund Appropriation $ 49,000
State Grant Fund Appropriation $ 96,000
County Grant Fund Appropriation _ $ 49,000
Federal Grant Fund Appropriation $ 581,000
Construction Reserve — Water Supply
City General Fund Appropriation $ 220,000
City Loan Fund Appropriation $ 5,521,000
County Grant Fund Appropriation $ 179,000
Provided that the aforegoing
Capital Improvement Appropriations
herein made are for the following
projects:
Main Cleaning Program
City Loan Fund Appropriation „ $ 250,000
Plant Renovations
City Loan GENERAL Fund
Appropriation _ $ 150,000
Clifton-Montebello Conduit
City Loan Fund Appropriation ...... $ 3,000,000
Water Mains and Appurtenances
City General Fund Appropriation $ 20,000
City Loan Fund Appropriation - $ 400,000
Mapping Program Phase III
City Loan Fund Appropriation - $ 90,000
Residential Main Extensions
City General Fund Appropriation $ 50,000
New Chlorinator Station — Montebello
Phase II
City Loan Fund Appropriation ...... $ 1,500,000
Expansion/Rehabilitation — Montebello
Phase III
City Loan Fund Appropriation $ 250,000
Hillen Pumping Station
City Loan Fund Appropriation - $ 31,000
County Grant Fund Appropriation $ 179,000
ORDINANCES 771
RECREATION AND PARKS, DEPARTMENT OF
Construction Reserve — Parks
City General Fund Appropriation _.... $ 50,000
City Loan Fund Appropriation _ $ 800,000
Mayor and City Council Real Property
Fund Appropriation _ $ 29,000
State Grant Fund Appropriation $ 4,225,000
$ 4,025,000
Federal Grant Fund Appropriation _ $ 150,000
Private Grant Fund Appropriation $ 200,000
Provided that the aforegoing
Capital Improvement Appropriations
herein made are for the following
projects :
Little Lithuania Park Development
State Grant Fund Appropriation — $ 250,000
Powder Mill Park Development
State Grant Fund Appropriation $ 125,000
Fort Smallwood Improvements
State Grant Fund Appropriation $ 150,000
Federal Grant Fund Appropriation _. $ 150,000
Hanlon Park Development
State Grant Fund Appropriation $ 125,000
Baltimore Zoo Development
City Loan Fund Appropriation - $ 300,000
State Grant Fund Appropriation $ 2,500,000
$ 2,300,000
Private Grant Fund Appropriation — $ 200,000
Radecke Avenue Tennis Courts
State Grant Fund Appropriation $ 50,000
Patterson Park Restrooms
City General Fund Appropriation ... $ 50,000
Druid Hill Park Development
City Loan Fund Appropriation $ 500,000
Memorial Stadium Phase I
State Grant Fund Appropriation $ 1,000,000
Broening Park Boat Launch
State Grant Fund Appropriation $ 25,000
Bais Yaakov School
Mayor and City Council Real Property
Fund Appropriation $ 29,000
772 ORDINANCES Ord. No. 811
Construction Reserve — Recreation
State Open Space Fund Appropriation $ 550,000
State Grant Fund Appropriation _ $ 150,000
Federal Grant Fund Appropriation _ $ 150,000
Provided that the aforegoing
Capital Improvement Appropriations
herein made are for the following
projects:
Playground Lighting and Paving
State Open Space Fund
Appropriations _ $ 50,000
Park and Playground Acquisition and
Development
State Grant Fund Appropriation $ 150,000
Federal Grant Fund Appropriation „.. $ 150,000
Broadway East Recreation Center
State Open Space Fund Appropriation $ 500,000
TRANSIT AND TRAFFIC, DEPARTMENT OF
Construction Reserve
City General Fund Appropriation $ 200,000
State DOT Loan Fund Deappropriation $ (150,000)
Motor Vehicle Revenue Fund
Appropriation „ _ _ $ 650,000
Federal Grant Fund Appropriation - $ 600,000
Provided that the aforegoing
Capital Improvement Appropriations
herein made are for the following
projects:
Traffic Control System Modernization
Motor Vehicle Revenue Fund
Appropriation $ 300,000
Federal Grant Fund Appropriation $ 600,000
Traffic Surveillance System for 1-83
Motor Vehicle Revenue Fund
Appropriation _ _ $ 100,000
Fire Priority Route
State DOT Loan Fund
Deappropriation „ $ ( 150,000)
ORDINANCES 773
Metered Lots
City General Fund Appropriation $ 200,000
Lane Reversal System — 33rd Street
Motor Vehicle Revenue Fund
Appropriation _ $ 250,000
Sec. 2. And be it further ordained, That the amounts set forth
in Section 1 above designated deappropriations and enclosed in
parentheses shall revert to the surpluses of the respective funds
and be available for appropriation bj^ this or subsequent ordi-
nances.
Sec. 3. And be it further ordained, That the amounts set forth
in Section 1 above include appropriations for the Baltimore City
Sick and Disability Payments Fund, which fund is separate and
apart from any other salary and wage amount included in Sec-
tion 1 above, in order to pay for employee sickness and disability
as provided in the Administrative Manual of the Board of Esti-
mates. Section "Personnel," Subject "Sick Leave" of said Ad-
ministrative Manual is Baltimore City's Sick Leave Authoriza-
tion and Authority to pay employees solely on account of sickness
rather than as salary continuations. It has always been the policy
of the Mayor and City Council of Baltimore that payments to
employees solely on account of illness or disability of such em-
ployees are not wage continuation payments. Appropriations
included in the amounts set forth in Section 1 above total Twelve
Million Five Hundred Thousand Dollars ($12,500,000). Any part
of this amount remaining unused at the end of the fiscal year
shall revert to the surplus of the respective funds and shall be
available for appropriation by subsequent ordinances.
Sec. 4. And be it further ordained, That no part of the amounts
appropriated in this Ordinance of Estimates shall be made avail-
able to pay for costs of any capital project not specifically ap-
proved through this Ordinance of Estimates or without the prior
consent of the City Council ; and provided further that no part
of the amounts appropriated in this Ordinance of Estimates shall
be made available to any agency without the prior approval of
the City Council to pay for occupancy, by lease or otherwise, of
any facility whose costs exceed the amount provided in the detail
supporting this Ordinance of Estimates.
774 ORDINANCES Ord. No. 811
Sec. 5. The foregoing appropriations in summary consist of:
Operating Capital Total
General Funds $ 601,127,281 $ 3,512,000 $ 604,639,281
Motor Vehicle Funds 55,333,768 8,789,000 64,122,768
Federal Revenue Sharing/
Antirecession Funds 30,602,775 30,602,775
Other Special Funds
( Operating) 426,465,705 426,465,705
♦Other Special Funds (Capital) 111,291,000 111,291,000
City Loan Funds 14,736,000 14,736,000
Total $1,113,529,529 $138,328,000 $1,251,857,529
♦Consisting of:
Federal Grants $ 61,981,000
State Grants $ 22,966,000
State DOT Construction Loans $ 12,098,000
Working Capital $ 268,000
County Grants $ 228,000
Private Grants $ 3,400,000
Mayor and City Council Real
Property Account $ 924,000
State Special Racing Funds . . $ 151,000
State School Construction
Loans $ 800,000
Revenue Bonds $ 8,275,000
Project Revenue $ 200,000
Approved by the Board of Estimates May 17, 1978.
President
WILLIAM DONALD SCHAEFER,
Mayor
HYMAN AARON PRESSMAN
Comptroller
FRANCIS W. KUCHTA,
Director of Public Wo-rks
BENJAMIN L. BROWN,
City Solicitor
BOARD OF ESTIMATES
Approved June 30, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
ORDINANCES 775
No. 812
(Council No. 1807)
An Ordinance to levy and collect a tax for the use of the
Mayor and City Council of Baltimore for the period of
July 1, 1978 through June 30, 1979.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That for the period July 1, 1978 through June
30, 1979 a tax of $5.97 be and the same is hereby levied and
imposed on every One Hundred Dollars ($100.00) of as-
sessed or assessable value of property in the City of Balti-
more (excepting such property as may by provision of law
be exempted from this rate) , for the use of the Mayor and
City Council of Baltimore, and said tax shall be collected
and paid in the manner prescribed by law.
SEC. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved June 30, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 813
(Council No. 1125)
An Ordinance to repeal and reordain with amendments the
first whereas clause and Section 1 of Ordinance 442,
approved July 25, 1977, entitled "An Ordinance providing
for a supplementary special fund appropriation in the
amount of One Million Two Hundred Thousand Dollars
($1,200,000) to the Department of the Comptroller to be
used for renovating the Hollins Market in accordance
with the provisions of Article VI, Section 2(h) (2) of the
Baltimore City Charter (1964 Revision).", to correct
a technical error in the language.
776 ORDINANCES Ord. No. 813
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the first Whereas clause and Section 1
of Ordinance 422, approved July 25, 1977, entitled "An
Ordinance providing for a supplementary special fund ap-
propriation in the amount of One Million Two Hundred
Thousand Dollars ($1,200,000) to the Department of the
Comptroller to be used for renovating the Hollins Market in
accordance with the provisions of Article VI, Section
2(h) (2) of the Baltimore City Charter (1964 Revision).",
be repealed and reordained with amendments to read as
follows :
"Whereas, the money appropriated herein represents a
grant from a public source which could not be expected
with reasonable certainty at the time of the formulation
of the [1976-19771 1977-1978 Ordinance of Estimates; and
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI, Sec-
tion 2(h) (2) of the 1964 revision of the Charter of Bal-
timore City, the sum of One Million Two Hundred Thou-
sand Dollars ($1,200,000) shall be made available to the
Department of the Comptroller of the City of Baltimore as a
supplementary special fund appropriation for the fiscal year
ending June 30 [1977] 1978 for the purpose of renovating
the Hollins Market. The amount thus made available as a
supplementary special fund appropriation shall be expended
from a grant of funds to the Mayor and City Council of
Baltimore by the U. S. Department of Commerce under
Title I of the Local Public Works Employment Act of 1976,
said sum being made available to the Mayor and City Coun-
cil of Baltimore for the aforesaid purpose; and said funds
from said U. S. Department of Commerce shall be the source
of revenue for this supplementary special fund appropria-
tion, as required by Article VI, Section 2(h) (2) of the 1964
revised Charter of Baltimore City."
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved July 10, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
ORDINANCES 777
No. 814
(Council No. 1471)
An Ordinance to repeal and reordain with amendments
Section 83A(j) 100 (J) of Article 15 of the Baltimore City
Code (4&6G 1976 Edition), title "Licenses", subtitle
"Selling In Streets", as ordaine4 fey Ordinanco 5&Qy ap-
proved May 4y 1974, a»4 amended by Ordinance 491, ap-
proved August 16, 1977, to increase the annual renewal
license fee for food peddlers from Fifty Dollars ($50.00)
to Two Hundred Fifty Dollars ($250.00).
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That Section 83A(j) 100 (J) of Article 15 of
the Baltimore City Code (4&SS 1976 Edition), title "Li-
censes", subtitle "Selling in Streets", as ordainod fey Ordi-
nanco £&Qy approvod May ^ 1974» an4 amended by Ordi-
nance 491, approved August 16, 1977, be and it is hereby
repealed and reordained with amendments to read as
follows :
SSAr 100.
(j) All licenses shall expire on December 31 of each
year, but a license may be renewed if the license has not
been revoked or suspended, by payment of an annual renewal
license fee of [Fifty Dollars ($50.00)] Two Hundred Fifty
Dollars ($250.00) by food peddlers, and an annual renewal
license fee of Fifty Dollars ($50.00) by all other hucksters,
hawkers and peddlers during the month of December and
prior to the expiration of the license. The license shall auto-
matically be revoked if the licensee fails to pay the renewal
fee prior to the expiration of the license.
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved July 10, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
778 ORDINANCES Ord. No. 815
No. 815
(Council No. 1472)
An Ordinance authorizing the acquisition by purchase or
condemnation by the Mayor and City Council of Balti-
more of the permanent aerial easement or such other
interests as the Director of The Department of Public
Works may deem necessary or sufficient, in and to certain
pieces or parcels of land situate in Baltimore City, for
public highway purposes, namely for the opening, widen-
ing, grading, construction and maintenance of Orleans
Street Viaduct, extending from Hillen Street, North 88°-
01/-20" East 39.5 feet, more or less, and authorizing the
acquisition by purchase or condemnation of any property,
rights, interests, easements and/or franchises necessary
in the opening, widening, grading, construction and
maintenance of said Orleans Street Viaduct ; and author-
izing the making of all necessary agreements concerning
said Orleans Street Viaduct; and authorizing the con-
struction of said Orleans Street Viaduct; the location
and course of said Orleans Street Viaduct being shown
on plat thereof numbered 117-A-16 prepared by the
Surveys and Records Division and filed in the Office of
the Director of the Department of Public Works on the
Twolth TWELFTH (12th) day of July, 1977.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That it is necessary to acquire by purchase or
condemnation for public highway purposes, namely, for the
opening, widening, grading, construction and maintenance
of Orleans Street Viaduct, extending from Hillen Street,
North 88°-01'-20" East 39.5 feet, more or less, the permanent
aerial easement or such other interests as the Director of
The Department of Public Works may deem necessary, in
and to the pieces or parcels of land, situate in Baltimore
City, including the improvements thereon, bounded as
follows:
Beginning for the same at a point on the southeast side
of Hillen Street, as now laid out 66 feet wide, distant South
47°-00'-40" West 120.25 feet measured along the southeast
side of said Hillen Street from the southwest side of High
ORDINANCES 779
Street, as now laid out 49.5 feet wide, said point of begin-
ning also being the point formed by the intersection of the
southeast side of said Hillen Street and the south side of
Orleans Street Viaduct, as now laid out 70 feet wide, and
at a horizontal plane having an elevation of 47.45 feet and
extending to an elevation of unlimited height and running
thence binding on the south side of said Orleans Street
Viaduct, North 88°-01'-20" East 39 feet, more or less, to
intersect the first line of the parcel of land conveyed by
Harry I. D. Levey to Joseph Schnitzer by deed dated October
14, 1932 and recorded among the Land Records of Baltimore
City in Liber S.C.L. No. 5329, Folio 227;
thence binding on part of the first line of the parcel of land
described in said deed to the end thereof and on part of
the second line of the parcel of land described in said
deed the two following courses and distances; namely,
Southeasterly 0.7 feet, more or less, and Southwesterly 0.8
feet, more or less, to intersect a line drawn parallel with
and distant 1.00 feet southerly, measured at right angles
from the south side of said Orleans Street Viaduct;
thence binding on said line so drawn and for a new line
of division through the properties known as Nos. 819/823
Hillen Street, South 88°-01'-20" West 40 feet, more
or less, to the southeast side of said Hillen Street and
thence binding on the southeast side of said Hillen Street,
North 47°-00'-40" East 1.5 feet, more or less, to the place
of beginning.
All courses, distances and elevations in the above de-
scription are referred to the True Meridian and Mean Low
Tide as adopted by the Baltimore Survey Control System.
Including all property, rights, interests, easements and/or
franchises necessary in the opening, widening, grading,
construction and maintenance of said Orleans Street Viaduct,
the location and course of said Orleans Street Viaduct be-
ing shown on plat thereof numbered 117-A-16, prepared
by the Surveys and Records Division and filed in the office
of The Director of The Department of Public Works on
the Twelfth (12th) day of July, 1977.
Any mention or reference to any streets, roads, avenues,
highways or alleys in this Ordinance or on the plat referred
to herein are for the purpose of description only, and shall
780 ORDINANCES Ord. No. 815
not be held or taken to be any evidence whatever that said
streets, roads, avenues, highways, alleys or any of them,
are public, dedicated or private thoroughfares.
Sec. 2. And be it further ordained, That the Director of
The Department of Public Works or the person or persons
the Board of Estimates of Baltimore City may hereafter
from time to time designate, is or are hereby authorized
to acquire on behalf of the Mayor and City Council of
Baltimore, and for the purposes described in this Ordinance,
the permanent aerial easement or such other interests as
the said Director may deem necessary or sufficient, in and
to said pieces or parcels of land and improvements there-
upon, including all property, rights, interests, easements
and/or franchises necessary in the opening, widening, grad-
ing, construction and maintenance of said Orleans Street
Viaduct. If the said Director of the Department of Public
Works, or person or persons the Board of Estimates of
Baltimore City may designate are unable to agree with the
owner or owners on the purchase price of any of the said
pieces or parcels of land and improvements thereupon or
for any of the said properties, rights, interests, easements
and/or franchises, they shall forthwith notify the City
Solicitor of Baltimore City who shall thereupon institute
in the name of the Mayor and City Council of Baltimore
the necessary legal proceedings to acquire by condemnation
the permanent aerial easement or such other rights, inter-
ests, easements and/or franchises as the said Director may
deem necessary or sufficient for the purposes of said Orleans
Street Viaduct Project.
Sec. 3. And be it further ordained, That the proceedings
for the acquisition by condemnation of the property and
rights herein described and the rights of all parties inter-
ested or affected thereby shall be regulated by and be in
accordance with the provisions of The Real Property Article
of the Annotated Code of Maryland (1974), Title 12, Section
101 Et Seq. and any and all amendments thereto.
Sec. 4. And be it further ordained, That the said Director
of The Department of Public Works or person or persons
the Board of Estimates of Baltimore City may designate
are also hereby authorized to negotiate for and to enter
ORDINANCES 781
into in the name of the Mayor and City Council of Balti-
more, any and all necessary agreements with the federal
and state Governments, or any of their agencies, and any
other persons, firms or corporations, in aid of, in further-
ance of, or in connection with said Orleans Street Viaduct
Project; all such acquisitions and agreements to be subject
to the approval of the Board of Estimates.
Sec. 5. And be it further ordained, That after the neces-
sary agreements have been made and the necessary prop-
erties, lands, rights, easements and/or franchises have been
acquired as hereinbefore provided, the Director of The
Department of Public Works of Baltimore City is hereby
authorized and directed to construct or cause to be con-
structed the said Orleans Street Viaduct Project, all in
accordance with detailed plans hereafter to be prepared
therefore and after said plans have been approved by the
said Director of the Department of Public Works.
Sec. 6. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved July 10, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 816
(Council No. 1583)
An Ordinance authorizing the acquisition by purchase or
condemnation by the Mayor and City Council of Balti-
more of the fee simple interests or such other interests
as the Director of The Department of Public Works may
deem necessary or sufficient, in and to certain pieces or
parcels of land situate in Baltimore City, for public
highway purposes, namely for the opening, widening,
grading, construction and maintenance of Ostend Street,
extending from Wicomico Street, Southeasterly, 511 feet,
more or less, to Scott Street and authorizing the acqui-
sition by purchase or condemnation of any property,
782 ORDINANCES Ord. No. 816
rights, interests, easements and/or franchises necessary
in the opening, widening, grading, construction and
maintenance of said Ostend Street; and authorizing the
making of all necessary agreements concerning said
Ostend Street; and authorizing the construction of said
Ostend Street; the location and course of said Ostend
Street being shown on a plat thereof numbered 334-A-19
prepared by the Surveys and Records Division and filed
in the Office of the Director of The Department of Public
Works on the Twenty-Ninth (29th) day of March, 1978.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That it is necessary to acquire by purchase
or condemnation for public highway purposes, namely, for
the opening, widening, grading, construction and mainte-
nance of Ostend Street, extending from Wicomico Street,
Southeasterly, 511 feet, more or less, to Scott Street; the
fee simple interests or such other interests as the Director
of The Department of Public Works may deem necessary,
in and to the pieces or parcels of land, situate in Baltimore
City, including the improvements thereon, bounded as
follows :
Beginning for the same at the point formed by the inter-
section of the west side of Scott Street, as now laid out 66
feet wide and the northeast side of Ostend Street, as now
laid out 40 feet wide and running thence binding on the
northeast side of said Ostend Street, North 48°-04'-20"
West 244 feet, more or less, to intersect the northeast side
of Ostend Street, as realigned and widened as shown on
Plat No. 325-A-27 filed in the Surveys and Records Division
of the Department of Public Works ; thence binding on the
northeast side of last said Ostend Street the two following
courses and distances; namely, by a line curving to the
right with a radius of 2263.83 feet the distance of 106.16
feet which arc is subtended by a chord bearing, North
46°-43'-43.5" West 106.15 feet and North 45°-23'-07" West
138.49 feet to intersect the southeast side of Wicomico
Street, as now laid out 66 feet wide ;
thence binding on the southeast side of said Wicomico
Street, Southwesterly 128 feet, more or less, to intersect
the southwest side of a 10 foot alley, laid out in the rear
of the properties known as No. 875 through and including
ORDINANCES 783
No. 801 W. Ostend Street; thence binding in part on the
southwest side of said alley, in part on the line of the south-
west side of said alley, if projected southeasterly, and in
all, Southeasterly 501 feet, more or less, to the end of the
sixth line of the parcel of land conveyed by Revere Copper
and Brass, Incorporated to Edward L. Striegel by deed
dated September 25, 1973 and recorded among the Land
Records of Baltimore City in Liber R.H.B. No. 3065, Folio
496; thence binding reversely on part of the sixth line of
the parcel of land described in said deed, Northeasterly 59
feet, more or less, to intersect the line of the northeast face
of a pilaster of the one story brick building situate on the
property known as No. 779/81 W. Ostend Street, if pro-
jected northwesterly; thence binding in part reversely on
said line so projected, in part on the northeast face of said
pilaster, and in all, South 47°-49'-10" East 2.5 feet, more
or less, to the east corner of said pilaster ;
thence binding on the southeast face of said pilaster, South
42°-10/-50" West 0.35 foot to the northeast face of said one
story brick building; thence binding on the northeast face
of said one story brick building, South 47°-49'-10" East
24.82 feet ; thence binding on a line drawn at a right angle
to the northeast face of said one story brick building,
North 42°-10'-50" East 2.35 feet to intersect the southwest
side of Ostend Street, as proposed to be realigned and wid-
ened on the southwest side thereof from its former width
of 40 feet to a width of 58 feet; thence binding on the
southwest side of last said Ostend Street, South 48°-04'-20"
East 23 feet, more or less, to intersect a line drawn South
02°-08'-40" East from the point of beginning and thence
binding reversely on said line so drawn, North 02°-08'-40"
West 81 feet, more or less, to the place of beginning.
Including all property, rights, interests, easements and/
or franchises necessary in the opening, widening, grading,
construction and maintenance of said Ostend Street, the
location and course of said Ostend Street being shown on a
plat thereof numbered 334-A-19 prepared by the Surveys
and Records Division and filed in the office of The Director
of The Department of Public Works on the Twenty-Ninth
(29th) day of March, 1978.
Any mention or reference to any streets, roads, avenues,
highways or alleys in this ordinance or on the plat referred
784 ORDINANCES Ord. No. 816
to herein are for the purpose of description only, and shall
not be held or taken to be any evidence whatever that said
streets, roads, avenues, highways, alleys or any of them,
are public, dedicated or private thoroughfares.
Sec. 2. And be it further ordained, That the Director of
The Department of Public Works or the person or persons
the Board of Estimates of Baltimore City may hereafter
from time to time designate, is or are hereby authorized to
acquire on behalf of the Mayor and City Council of Balti-
more, and for the purposes described in this ordinance, the
fee simple interests or such other interests as the said
Director may deem necessary or sufficient, in and to said
pieces or parcels of land and improvements thereupon,
including all property, rights, interests, easements and/or
franchises necessary in the opening, widening, grading,
construction and maintenance of said Ostend Street. If the
said Director of The Department of Public Works, or person
or persons the Board of Estimates of Baltimore City may
designate are unable to agree with the owner or owners on
the purchase price of any of the said pieces or parcels of
land and improvements thereupon or for any of the said
properties, rights, interests, easements and/or franchises,
they shall forthwith notify the City Solicitor of Baltimore
City who shall thereupon institute in the name of the
Mayor and City Council of Baltimore the necessary legal
proceedings to acquire by condemnation the fee simple in-
terests or such other rights, interests, easements and/or
franchises as the said Director may deem necessary or
sufficient for the purposes of said Ostend Street Project.
Sec. 3. And be it further ordained, That the proceedings
for the acquisition by condemnation of the property and
rights herein described and the rights of all parties inter-
ested or affected thereby shall be regulated by and be in
accordance with the provisions of The Real Property
Article of the Annotated Code of Maryland (1974), Title
12, Section 101 Et Seq. and any and all amendments thereto.
Sec. 4. And be it further ordained, That the said Di-
rector of The Department of Public Works or person or
persons the Board of Estimates of Baltimore City may
designate are also hereby authorized to negotiate for and to
ORDINANCES 785
enter into in the name of the Mayor and City Council of
Baltimore, any and all necessary agreements with the Fed-
eral and State Governments, or any of their agencies, and
any other persons, firms or corporations, in aid of, in
furtherance of, or in connection with said Ostend Street
Project; all such acquisitions and agreements to be subject
to the approval of the Board of Estimates.
Sec. 5. And be it further ordained, That after the neces-
sary agreements have been made and the necessary proper-
ties, lands, rights, easements and/or franchises have been
acquired as hereinbefore provided, the Director of The
Department of Public Works of Baltimore City is hereby
authorized and directed to construct or cause to be con-
structed the said Ostend Street Project, all in accordance
with detailed plans hereafter to be prepared therefore and
after said plans have been approved by the said Director
of The Department of Public Works.
Sec. 6. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved July 10, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 817
(Council No. 1585)
An Ordinance approving the Urban Renewal Plan for the
area situate in Baltimore City, Maryland, known as the
North Avenue Transit Station Urban Renewal Area,
bounded generally by Fulton Avenue and Carey Street on
the west, North Avenue and Cumberland Street on the
south, Woodbrook Avenue and Francis Street on the
east, and Clifton Avenue on the north; revising the
boundary description to correct certain technical errors;
adding, deleting and/or revising the objectives to be met
in implementing the Plan; authorizing the acquisition by
purchase or by condemnation, for urban renewal pur-
786 ORDINANCES Ord. No. 817
poses, of the fee simple interest or any lesser interest in
and to certain properties within the North Avenue Tran-
sit Station Urban Renewal Area; providing that in
selling land in the Area, the Department of Housing and
Community Development shall require that developers
agree in writing not to discriminate in the sale, lease, use
or occupancy of the property developed by them against
any person because of national origin, race, religion, sex
or color; providing that the approval of said Renewal
Plan is not an enactment of any of the amendments to
the Zoning Ordinance proposed therein; waiving such
requirements, if any, as to content or procedure for the
preparation, adoption and approval of renewal plans as
set forth in Ordinance #152 approved June 28, 1968, as
amended to date, which the Renewal Plan for the North
Avenue Transit Station Urban Renewal Area may not
meet; providing for the separability of the various parts
and applications of this ordinance; providing that where
the provisions of this ordinance shall conflict with any
other ordinance, code or regulation, the provision which
establishes the higher standard shall prevail; and pro-
viding for the effective date hereof.
WHEREAS, the area known as "North Avenue Transit
Station", bounded generally by Fulton Avenue and Carey
Street on the west, North Avenue and Cumberland Street
on the south, Woodbrook Avenue and Francis Street on the
east, and Clifton Avenue on the north, was designated a
"Renewal Area" by Ordinance No. 383, approved June 28,
1977; and
WHEREAS, under Ordinance No. 152 approved June 28,
1968, as amended to date, the Department of Housing and
Community Development is authorized to prepare and ad-
minister renewal plans in renewal areas; and
WHEREAS, the Department of Housing and Community
Development has prepared a Renewal Plan for the North
Avenue Transit Station area, consisting of a cover page, a
table of contents, 15 pages of text, and four exhibits; and
WHEREAS, the Renewal Plan for the North Avenue
Transit Station area was approved by the Director of the
Department of Planning on March 29, 1978 with respect
ORDINANCES 787
to its conformity as to the Master Plan, the detailed loca-
tion of any public improvements proposed in the Renewal
Plan, its conformity to the rules and regulations for sub-
divisions, and all zoning changes proposed in the Renewal
Plan; and the Renewal Plan was approved and recommended
to the Mayor and City Council of Baltimore by the Com-
missioner of the Department of Housing and Community
Development on April 5, 1978; now, therefore,
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the boundary description of the North
Avenue Transit Station Urban Renewal Area shall be re-
vised to correct certain technical errors; therefore, Section
2 of Ordinance No. 383, approved June 28, 1977, is hereby
amended to read as follows:
Beginning for the same at the point formed by the inter-
section of the southwestern right-of-way line of Pennsyl-
vania Avenue, and the center line of North Avenue, thence
running in a southeasterly direction, and binding on the
southwestern right-of-way line of said Pennsylvania Ave-
nue, crossing Cumberland Street, to a point of intersection
with the southeastern boundary of [Lots 22 through 28,]
Lot 22/2J+, Block 297; thence running in a southwesterly
direction, binding on the southeastern boundary of [said
Lots 22] Lots 22 /2U through 28, to a point of intersection
with the southwestern boundary of Lot [22] 28 , Block 297 ;
thence running in a northwesterly direction, on the south-
western boundary of said Lot [22] 28, to a point of inter-
section with the northwestern right-of-way line of Cumber-
land Street; thence running in a southwesterly direction,
binding on the northwestern right-of-way line of Cumber-
land Street, crossing Carey Street, to a point of intersection
with the southwestern boundary of Lot 55, Block 293;
thence running in a northwesterly direction binding on the
southwestern boundary of said Lot 55 to the point of inter-
section with the northwestern boundary of said Lot 55;
thence running in a northeasterly direction, binding on the
northwestern boundary of said Lot 55, to a point of inter-
section with an extended straight line of the northeastern
right-of-way of a 3'9" alley; thence running in a north-
westerly direction, binding on the northeastern right-of-way
788 ORDINANCES Ord. No. 817
line of said 3'9" alley, crossing Allegheny Place, [and con-
tinuing] and binding on the northeastern right-of-iuay line
of the first 10' alley; thence naming northwesterly, north-
easterly, and northwesterly , binding on the northeastern
boundary of said 10' alley to a point of intersection with the
northwestern right-of-way line of Westwood Avenue;
thence running in a southwesterly direction, binding on the
north western right-of-way line of Westwood Avenue, to a
point of intersection with the northeastern right-of-way line
of North Woodyear Street; thence running in a north-
westerly and northerly direction, binding on the north-
eastern and eastern right-of-way line of North Woodyear
Street, crossing a 10' alley and North Avenue, to a point of
intersection with the western right-of-way line of Retreat
Street; thence continuing in a [northerly] northeasterly
direction, binding on the western right-of-way line of
Retreat Street, to an intersection with the line forming the
northeastern boundary of Lots 1 through 6, Block 3400;
thence running in a northwesterly direction, binding on the
northeastern boundary of said Lots 1 through 6, to a point
of intersection with the eastern right-of-way line of the
first 10' alley; thence running in a southerly direction bind-
ing on the eastern right-of-way line of said W 10' alley, to a
point of intersection with the southern right-of-way line of
said 10' alley [crossing a 20' alley]; thence running in a
westerly direction binding on the southern right-of-way line
of said 10' alley, to a point of intersection with an extended
straight line of the western right-of-way line of the second
10' alley;
thence running in a northerly, westerly and northerly direc-
tion, binding on the western right-of-way line of said 10'
alley which forms the eastern boundary of Lots 40 through
58, Block 3400, to a point of intersection with the southern
right-of-way line of [said] the next 10' alley; thence run-
ning in a westerly direction binding on the southern right-of-
way line of said 10' alley, to a point of intersection with an
extended straight line of the [western right-of-way of the
next 10' alley] northwest-em right-of-way of a 9' alley;
thence running in a northeasterly [and] direction binding
on the northwestern boundary of said 9' alley, to a point of
intersection with the western boundary of a 10' alley;
ORDINANCES 789
thence running in a northerly direction, binding on the
western right-of-way line of said 10' alley, to a point of
intersection with the southern right-of-way line of Clifton
Avenue;
thence running in [a] an easterly and northeasterly direc-
tion, binding on the southern right-of-way line of said Clif-
ton Avenue crossing Pennsylvania Avenue and Woodbrook
Avenue to a point of intersection with the northeastern
right-of-way line of said Woodbrook Avenue; thence run-
ning in a southeasterly direction, binding on the northeast-
ern right-of-way line of said Woodbrook Avenue, to a point
of intersection with the northwestern right-of-way line of
the first 10' alley; thence running in a northeasterly direc-
tion, binding on the northwestern right-of-way line of said
10' alley, to a point of intersection with an extended straight
line of the northeastern right-of-way line of the first 5'
alley; thence running in a southeasterly direction, binding
on the northeastern right-of-way line of said 5' alley, cross-
ing Kensett Street, to a point of intersection with the north-
western boundary of Lot 70, Block 3408; thence running
in a northeasterly direction, binding on the northwestern
boundary of said Lot 70, to a point of intersection with the
northeastern boundary of said Lot 70; thence running in a
southeasterly direction binding on the northeastern bound-
ary of said Lot 70, to a point of intersection with the south-
eastern boundary of the said Lot 70; thence running in a
southwesterly direction, binding on the southeastern bound-
ary of said Lot 70, to a point of intersection with the north-
eastern right-of-way line of the first 5' alley;
thence running in a [southerly] southeasterly direction,
binding on the northeastern right-of-way line of said 5'
alley, to a point of intersection with a THE northwestern
right-of-way line of the first 8' alley; thence running in a
northeasterly direction, binding on the northwestern right-
of-way line of said 8' alley to a point of intersection with the
southwestern right-of-way line of Salem Street ; thence run-
ning in a southeasterly direction, binding on the southwest-
ern right-of-way line of said Salem Street, to a point of inter-
section with the northwestern right-of-way line of Retreat
Street; thence running in a northeasterly direction, binding
on the northwestern right-of-way line of Retreat Street
crossing Salem Street and Francis Street, to a point of
790 ORDINANCES Ord. No. 817
intersection with the northeastern right-of-way line of said
Francis Street; thence running in a southeasterly direc-
tion, binding on the northeastern right-of-way line of
Francis Street, to a point of intersection with an extended
straight line of the northwestern boundary of Lot 26, Block
3407;
thence running in a southwesterly direction, crossing
Francis Street and binding on said extended straight line
and continuing on the northwestern right-of-way line of
the first 10' alley for a total of 320' to a point of intersection
with the southwestern right-of-tvay line of the next 10'
alley; thence running in a southeasterly direction, binding
on the southwestern right-of-way of said 10' alley, to a
point of intersection with the southeastern right-of-way line
of said 10' alley;
thence running in a northeasterly direction binding on the
southeastern right-of-way line of said 10' alley, to a point
of intersection with the southwestern right-of-way of
Etting Street; thence running in a southeasterly direction
binding on the southwestern right-of-way line of Etting
Street crossing Whitelock Street, to a point of intersection
with the southeastern right-of-way line of said Whitelock
Street; thence running in a northeasterly direction, binding
on the southeastern right-of-way line of Whitelock ifstreet]
Street, to a point of intersection with the northeastern
right-of-way line of the first 15' alley; thence running in a
southeasterly direction, binding on the northeastern right-
of-way of said 15' alley, extending across a 20' alley to a
point of intersection with the southern right-of-way line of
said 20' alley; thence running in a westerly direction, bind-
ing on the southern right-of-way line of said 20' alley, to a
point of intersection with the western boundary of Lot 23,
Block 3414; thence running in a southerly direction, binding
on the western boundary of said Lot 23, to a point of inter-
section with the center line of North Avenue; thence run-
ning in a westerly direction, binding on the center line of
North Avenue, crossing Division Street and Woodbrook
Avenue to the point of beginning; as outlined on the map
filed in the Department of Legislative Reference, entitled
"North Avenue Transit Station Urban Renewal Area",
dated February 24, 1977, is hereby designated as a "Re-
newal Area."
ORDINANCES 791
SEC. 2. And be it further ordained, That it has become
necessary to revise and/or delete certain Plan objectives
established by Ordinance No. 383, approved June 28, 1977,
and to add certain other objectives to be met during- imple-
mentation of the Plan; therefore, Section 4 of Ordinance
No. 383 shall be revised to read as follows:
a. the correction of existing blighting influences and
the protection of existing, stable residential and non-resi-
dential development in the North Avenue Transit Station
Area from future blighting influences;
b. the encouragement of active, pedestrian-oriented uses
that have low parking requirements in the North Avenue
Transit Station Area, and, in particular, the encouragement
of pedestrian-oriented uses which are directed towards
patrons of the rapid transit line;
c. the resolution of current and projected transportation
deficiencies in the North Avenue Transit Station Area, in-
cluding, but not limited to, adequate transit station park-
ing, street capacity, and safe pedestrian movement;
i[d. the encouragement of new development, and espe-
cially private development, which takes advantage of the
opportunities afforded by the construction of the North
Avenue Transit Station of the Section A rapid transit line,
and which is compatible with the communities adjacent to
the transit station;]
d. the provision of a basis for an application to the
Federal Urban Mass Transit Administration for financial
assistance in the implementation of a joint development/
value capture project in which the added value for new de-
velopment and revitalization which results from the devel-
opment of planned public transit facilities is secured for
the benefit of the revitalization of the community within the
context of a comprehensive plan;
e. the formulation of standards which shall be applied
to public improvements and current and future develop-
ments within the North Avenue Transit Station Area to
enhance the aesthetics and quality of life in the communi-
ties adjacent to the transit station;
792 ORDINANCES Ord. No. 817
/. the acquisition of certain properties within the proj-
ect area in conjunction with the value capture project;
g. the provision of improved neighborhood shopping fa-
cilities both through new construction and through re-
habilitation;
h. the provision of housing resources for low and mod-
erate income persons, families and elderly through new
construction and rehabilitation;
i. the provision of public facilities such as street and
utility improvements, recreation and park areas, plazas,
public walkways, and street and walkway furniture.
Sec. 3. And be it further ordained, That it is necessary
to acquire, by purchase or by condemnation, for urban
renewal purposes, the fee simple interest or any lesser in-
terest in and to certain properties or portions thereof, to-
gether with all right, title, interest, and estate that the
owner or owners of said property interests may have in all
streets, alleys, ways or lanes, public or private, both abut-
ting the whole area described and/or contained within the
perimeter of said area, situate in Baltimore City, Mary-
land, and described as follows:
1506-12 W. North Avenue
Rear 75 feet, more or less, 2501 Pennsylvania Avenue
2509-17 Pennsylvania Avenue
Sec. 4. And be it further ordained. That it may be neces-
sary to acquire, by purchase or by condemnation, for urban
renewal purposes, the fee simple interest or any lesser
interest in and to such of the remaining properties or por-
tions thereof, together with all right, title, interest, and
estate that the owner or owners of said property interests
may have in all streets, ALLEYS, ways or lanes, public or
private, both abutting the whole area described and/or con-
tained within the perimeter of said area in North Avenue
Transit Station Area not specifically designated for acquisi-
tion in Section 3 of this ordinance, as may be deemed neces-
sary and proper by the Commissioner of the Department of
Housing and Community Development to effect the proper
implementation of the project. These properties may include:
ORDINANCES 793
(a) any property in the project area containing a non-
salvable structure, i.e. a structure which in the opinion of
the Commissioner of the Department of Housing and Com-
munity Development cannot be economically rehabilitated;
(b) any property the owner of which is unable or un-
willing to comply or conform to the codes and ordinances
of Baltimore City within 12 months from the date of writ-
ten notice of the required improvements, the Department
of Housing and Community Development, after due consid-
eration that the property owner has failed to achieve sub-
stantial conformity with the codes and ordinances of Balti-
more City may acquire such property pursuant to the
Eminent Domain Law of this State as if the property had
originally been planned for acquisition after 90 days written
notice to the owner. The Department of Housing and Com-
munity Development reserves the right to acquire any such
non-complying property for a period of two (2) years from
the date of said written 90 days notice by the Department
of Housing and Community Development.
Sec. 5. And be it further ordained, That it may be neces-
sary to acquire by purchase or by condemnation, for urban
renewal purposes, the fee simple interest or any lesser
interest in and to such of the remaining properties or por-
tions thereof, together with all right, title, interest, and
estate that the owner or owners of said property interests
may have in all streets, alleys, ways or lanes, public or
private, abutting said properties in the North Avenue Tran-
sit Station Area not designated for acquisition, in addition
to those properties enumerated in Sections 3 and 4 of this
ordinance, in order to carry out rehabilitation by the De-
partment of Housing and Community Development because:
(a) it is necessary to make residential structures avail-
able for use for low- and moderate-income families; or
(b) rehabilitation on a structure-by-structure basis is
infeasible, and assemblage of a group of properties is re-
quired to carry out the objectives set forth in the Plan; or
(c) rehabilitation of individual, scattered properties is
necessary in order to remove blighting influences from
otherwise sound residential blocks.
794 ORDINANCES Ord. No. 817
Sec. 6. And be it further ordained, That upon acquisi-
tion of the properties mentioned in Sections 4 and 5 of this
ordinance, the Department of Housing and Community De-
velopment will either:
(a) demolish the structure or structures thereon and
dispose of the land for redevelopment for uses in accordance
with the Plan ; or
(b) sell or lease the property subject to rehabilitation
in conformance with the codes and ordinances of Baltimore
City; or
(c) rehabilitate the property in conformance with the
codes and ordinances of Baltimore City and dispose of the
property in accordance with the applicable regulations. If
sale cannot be consummated by the time rehabilitation is
accomplished, the property may be rented pending continu-
ing sale efforts.
Sec. 7. And be it further ordained, That the Real Estate
Acquisition Division of the Department of the Comptroller,
or such person or persons and in such manner as the Board
of Estimates, in the exercise of the power vested in it by
Article V, Section 5, of the Baltimore City Charter, may
hereafter from time to time designate, is or are authorized
to acquire on behalf of the Mayor and City Council of Bal-
timore and for the purposes described in this ordinance, the
fee simple interest or any lesser interest in and to the
properties or portions thereof hereinabove mentioned. If
the Real Estate Acquisition Division of the Department of
the Comptroller, or such person or persons and in such
manner as the Board of Estimates, in the exercise of the
power vested in it by Article V, Section 5, of the Baltimore
City Charter, may hereafter from time to time designate, is
or are unable to agree with the owner or owners on the
purchase price for said properties or portions thereof, it
or they shall forthwith notify the City Solicitor of Balti-
more City, who shall thereupon institute in the name of the
Mayor and City Council of Baltimore the necessary legal
proceedings to acquire by condemnation the fee simple
interest or any lesser interest in and to said properties or
portions thereof.
ORDINANCES 795
Sec. 8. And be it further ordained, That in selling or
otherwise disposing of property in the North Avenue Tran-
sit Station Area, the Department of Housing and Commu-
nity Development shall require that the developers agree in
writing not to discriminate in the sale, lease, use or occu-
pancy of the property developed by them against any per-
son because of national origin, race, religion, sex or color.
Sec. 9. And be it further ordained, That the approval
of the Renewal Plan for the North Avenue Transit Area
shall not be construed as an enactment of such amendments
to the Zoning Ordinance as are proposed in the Renewal
Plan.
Sec. 10. And be it further ordamed, That in whatever
respect, if any, the Renewal Plan approved hereby for the
North Avenue Transit Station Area may not meet the re-
quirements as to the content of a Renewal Plan or the
procedure for the preparation, adoption, and approval of
renewal plans as provided in Ordinance No. 152, approved
June 28, 1968, as amended to date, the said requirements
are hereby waived and the Renewal Plan approved hereby
is exempted therefrom.
Sec. 11. And be it further ordained, That in the event
it be judicially determined that any word, phrase, clause,
sentence, paragraph, section or part in or of this ordinance,
or the application thereof to any person or circumstances
is invalid, the remaining provisions and the application of
such provisions to other persons or circumstances shall not
be affected thereby, the Mayor and City Council hereby
declaring that they would have ordained the remaining
provisions of this ordinance without the word, phrase,
clause, sentence, paragraph, section or part or the applica-
tion thereof so held invalid.
Sec. 12. And be it further ordamed, That in any case
where a provision of this ordinance concerns the same sub-
ject matter as an existing provision of any zoning, building,
electrical, plumbing, health, fire or safety ordinance or code
or regulation, the applicable provisions concerned shall be
construed so as to give effect to each; provided, however,
796 ORDINANCES Ord. No. 818
that if such provisions are found to be in irreconcilable
conflict, the provision which establishes the higher stand-
ard for the promotion and protection of the public health
and safety shall prevail. In any case where a provision of
this ordinance is found to be in conflict with an existing
provision of any other ordinance or code or regulation in
force in the City of Baltimore which establishes a lower
standard for the promotion and protection of the public
health and safety, the provision of this ordinance shall pre-
vail, and the other existing provision of such other ordi-
nance or code or regulation is hereby repealed to the extent
that it may be found in conflict with this ordinance.
Sec. 13. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved July 10, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 818
(Council No. 1674)
An Ordinance to amend the Renewal Plan for Washington
Hill-Chapel, which Plan was originally approved by Or-
dinance No. 40, dated April 26, 1972, to, among other
things, (1) expand the boundaries of Washington Hill-
Chapel to include a portion oi the block bounded by
Orleans, E. Fayette, N. Castle, and N. Washington
Streets AS WELL AS THE EAST SIDE OF THE 200
BLOCK OF N. CASTLE STREET; (2) acquire certain
properties within this block for urban renewal purposes,
by purchase or by condemnation; (3) provide standards
and controls governing the residential reuse of these
acquired properties; (4) revise the language pertaining
to duration of provisions and requirements of said Plan ;
(5) revise certain exhibits attached to said Plan to indi-
cate the changes provided herein; (6) waive such require-
ments, if any, as to content or procedure for the prepara-
tion, adoption, and approval of renewal plans as set forth
in Ordinance No. 152, dated June 28, 1968, as amended
ORDINANCES 797
to date; (7) provide for the separability of the various
parts and applications of this ordinance; (8) provide
that where the provisions of this ordinance shall conflict
with any other ordinance, code or regulation, the pro-
visions which establish the higher standard shall prevail ;
and (9) provide for the effective date hereof.
Whereas, the Renewal Plan for Washington Hill-Chapel
was approved by the Mayor and City Council of Baltimore
by Ordinance No. 40, dated April 26, 1972, and last amended
by Ordinance No. 354, dated June 27, 1977 ; and
Whereas, pursuant to Section 26, Article 13, of the
Baltimore City Code (1966 Edition), as amended by Ordi-
nance No. 152, approved June 28, 1968, no substantial
change or changes shall be made in any renewal plan after
approval by ordinance, without such change or changes
first being adopted and approved in the same manner as
set forth in said Section 26 for the approval of a renewal
plan, namely the preparation of such change or changes
by the Department of Housing and Community Develop-
ment, the approval of such change or changes by the Di-
rector of the Department of Planning, and approval and
adoption by an ordinance of the Mayor and City Council
of Baltimore after public hearing in relation thereto, all
in the manner set forth in said Section 26; and
Whereas, the Department of Housing and Community
Development has prepared a list of changes to the Renewal
Plan for Washington Hill-Chapel, known as "Amendment
No. 7 to the Urban Renewal Plan for Washington Hill-
Chapel", dated "May 8, 1978 AND REVISED JUNE 13,
1978"; and
Whereas, the amended renewal plan for Washington
Hill-Chapel has been approved by the Director of the De-
partment of Planning on May 10, 1978, with respect to its
conformity as to the Master Plan; the detailed location of
any public improvements proposed in the amended renewal
plan; its conformity to the rules and regulations for sub-
divisions; and all zoning changes proposed in the amended
renewal plan; and the amended renewal plan for Wash-
ington Hill-Chapel has been approved and recommended
to the Mayor and City Council of Baltimore by the Com-
798 ORDINANCES Ord. No. 818
missioner of the Department of Housing and Community
Development on May 11, 1978, now, therefore,
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the following amendment and changes
to the Renewal Plan for Washington Hill-Chapel, having
been duly reviewed and considered, are hereby approved
and the Clerk of the City Council is hereby directed to
file a copy of said Renewal Plan, revised to include Amend-
ment No. 7, dated May 8, 1978 AND REVISED JUNE 13,
1978, with the Department of Legislative Reference as a
permanent public record and to make the same available
for public inspection and information.
1. In the Table of Contents, page ii, section entitled
"Exhibits" delete the date after the five map exhibits and
insert in lieu thereof ii£/g/?g^ "6/13/78".
2. In Part A. Description of Area, section 1. entitled
"Boundary Description", page 2, lineS 23 AND 24,
DELETE 'WASHINGTON' AND INSERT 'CASTLE' IN
LIEU THEREOF AND add the following between "street;"
and "thence" :
"thonco binding e» the east side of North Washington
Street southorly to intorsoct the southern property fee
of Buroau of Survoys Block 1685, Lot Nor 45/22* thonce
binding e» sa44 southern property liee easterly a»4 south-
ed to intersoct the west side of North Castlo Stroot;
thenco binding o» the west side of North Castlo Stroot
southorly to intorsoct the north si4e of East Fayette
Stroot; thonce binding en- the north side of East Fayette
Stroet westorly to intorsoct the east side of North Wash-
ington Stroot;"
THENCE BINDING ON THE EAST SIDE OF NORTH
CASTLE STREET SOUTHERLY TO INTERSECT THE
NORTHERN PROPERTY LINE OF BUREAU OF SUR-
VEYS BLOCK 1686, LOT 57; THENCE BINDING ON
SAID NORTHERN PROPERTY LINE EASTERLY TO
INTERSECT THE WEST SIDE OF A 10' ALLEY;
THENCE BINDING ON THE WEST SIDE OF SAID 10'
ALLEY SOUTHERLY TO THE NORTHERN PROPERTY
LINE OF BUREAU OF SURVEYS BLOCK 1685, LOT 43;
THENCE BINDING ON SAID NORTHERN PROPERTY
ORDINANCES 799
LINE WESTERLY TO INTERSECT THE EAST SIDE
OF NORTH CASTLE STREET; THENCE BINDING ON
THE EAST SIDE OF NORTH CASTLE STREET SOUTH-
ERLY TO INTERSECT THE NORTH SIDE OF EAST
FAYETTE STREET; THENCE BINDING ON THE
NORTH SIDE OF EAST FAYETTE STREET WEST-
ERLY TO INTERSECT THE EAST SIDE OF NORTH
WASHINGTON STREET
3. In Part B. Land Use Plan, section La. entitled "High
Intensity Residential", page 5, add the following after the
words "the uses will be permitted:" in the third paragraph:
"commercial facilities customarily accessory to elevator
apartments;"
4. In Part B. Land Use Plan, section 2. a. (3) entitled
"Residential Disposition Lots", add the following new sub-
section at the end of this section on page 10 :
"(c) Disposition Lot 36
i. The principal use shall be Residential, limited
to elevator apartments for the elderly; however, row
houses and walk up apartments are also permitted. Com-
mercial uses customarily accessory to elevator apartments
are also permitted, provided that such uses shall be con-
ducted entirely within the structure and are limited to the
first floor and basement of the building.
ii. Maximum percentage of building coverage
shall be 50%.
iii. Maximum heights of the main structure shall
be one hundred and fifty feet (150') ."
5. In Part D. Duration of Provisions and Requirements,
page 18, delete sentence under this part and insert in lieu
thereof:
"The Washington Hill-Chapel Plan, as it may be amended
from time to time, shall remain in full force and effect for
a period of not less than 40 years following the date of
original adoption of this ordinance of the Mayor and City
Council of Baltimore."
6. Delete Exhibits 1 through 5 from the Plan and insert
in lieu thereof revised Exhibits 1 through 5, dated 5/8/78»
6/13/78.
800 ORDINANCES Ord. No. 818
Sec. 2. And be it further ordained, That it is necessary to
expand the boundary of Washing-ton Hill-Chapel to include
a portion of the block bounded by Orleans, N. Castle, E.
Fayette, and N. Washing-ton Street AS WELL AS THE
EAST SIDE OF 200 BLOCK OF N. CASTLE STREET;
therefore, the boundary description contained in Ordinance
No. 40, approved April 26, 1972, is hereby amended to read
as follows:
Beginning for the same at the intersection of the south
side of Gough Street, and the west side of Central Avenue ;
thence binding on the west side of Central Avenue, north-
erly to intersect an extended line, formed by the northern
property line of Bureau of Surveys Block 1322/26/27, Lot
No. 1; thence running on said extended line in a north-
easterly direction to intersect the eastern property line of
said Lot No. 1 ; thence binding on the eastern property line
of Lot No. 1 in a southerly direction to intersect the north
side of East Fayette Street; thence binding on the north
side of East Fayette Street northeasterly to intersect the
western property line of Bureau of Surveys Block No.
1322/26/27, Lot No. 3; thence binding in a northerly di-
rection on the western property line of Lot No. 3 to inter-
sect the northern property line of Lot No. 3; thence bind-
ing on the northern property line of Lot No. 3 and Lot
No. 4 of said block, northeasterly to intersect the western
property line of Lot No. 5 on said block; thence binding
on the western property line of Lot No. 5 northerly to
intersect the northern property line of Lot No. 5; thence
binding* on the northern property line of Lot No. 5 in a
general easterly direction, to intersect the west side of
North Caroline Street; thence binding on the west side of
North Caroline Street northerly to an extended line, formed
by the southern property line of Bureau of Surveys Block
1318; thence binding" on said extended line southeasterly
to intersect the north side of East Fayette Street; thence
binding on the north side of East Fayette Street north-
easterly to intersect the western property line of Bureau of
Surveys Block No. 1319, Lot No. 1/7; thence binding in a
northerly direction to intersect the south side of Mullikin
Street; thence binding on the south side of Mullikin Street
westerly to intersect the west side of Iron Alley; thence
binding northerly on the west side of Iron Alley to intersect
ORDINANCES 801
the south side of Orleans Street; thence binding- on the
south side of Orleans Street, easterly to intersect the east
side of Broadway; thence binding on the east side of
Broadway southerly to intersect the north side of East
Fayette Street; thence binding on the north side of East
Fayette Street easterly to intersect the west side of North
Wolfe Street; thence binding on the west side of North
Wolfe Street northerly to intersect the centerline of Or-
leans Street; thence binding on the centerline of Orleans
Street easterly to intersect the centerline of North Wolfe
Street; thence binding on the centerline of North Wolfe
Street northerly to intersect the north side of Orleans
Street; thence binding on the north side of Orleans Street
easterly to intersect the east side of North [Washington]
CASTLE Street;
thence binding on the etb&t side of North Washington Street
southerly to intersect the southern property line of Bureau
of Surveys Block 1685 > hoi Nor IS/ 22+ thence binding on
s&id southern property line easterly and southerly to inter-
seet the west side of North Cc.stle Street; thence binding on
the west side of North Castle Street southerly to intersect
ike north side of East FcyettG Street; thence binding on the
north side of East Fayette Street ivesterly to intersect the
THENCE BINDING ON THE EAST SIDE OF NORTH
CASTLE STREET SOUTHERLY TO INTERSECT THE
NORTHERN PROPERTY LINE OF BUREAU OF SUR-
VEYS BLOCK 1686, LOT 57; THENCE BINDING ON
SAID NORTHERN PROPERTY LINE EASTERLY TO
INTERSECT THE WEST SIDE OF A 10' ALLEY;
THENCE BINDING ON THE WEST SIDE OF SAID 10'
ALLEY SOUTHERLY TO THE NORTHERN PROPERTY
LINE OF BUREAU OF SURVEYS BLOCK 1685, LOT U3;
THENCE BINDING ON SAID NORTHERN PROPERTY
LINE WESTERLY TO INTERSECT THE EAST SIDE
OF NORTH CASTLE STREET; THENCE BINDING ON
THE EAST SIDE OF NORTH CASTLE STREET SOUTH-
ERLY TO INTERSECT THE NORTH SIDE OF EAST
FAYETTE STREET; THENCE BINDING ON THE
NORTH SIDE OF EAST FAYETTE STREET WEST-
ERLY TO INTERSECT THE EAST SIDE OF NORTH
WASHINGTON STREET;
802 ORDINANCES Ord. No. 818
thence binding on the east side of North Washington Street
southerly to intersect the south side of East Lombard
Street; thence binding on the south side of East Lombard
Street westerly to intersect the east side of Broadway;
thence binding on the east side of Broadway southerly to
intersect the south side of Pratt Street; thence binding
westerly on the south side of Pratt Street to intersect the
west side of Bethel Street ; thence binding on the west side
of Bethel Street northerly to intersect the south side of
Lombard Street; thence binding on the south side of Lom-
bard Street westerly to intersect the west side of Spring
Street; thence binding on the west side of Spring Street
southerly to intersect the south side of Pratt Street ; thence
binding westerly on the south side of Pratt Street to inter-
sect the east side of Eden Street ; thence binding on the east
side of said Eden Street southerly to intersect the south
side of Gough Street; thence binding on the south side of
Gough Street westerly to the point of beginning.
Sec. 3. And be it farther ordained, That it is necessary to
acquire by purchase or by condemnation, for urban renewal
purposes, the fee simple interest or any lesser interest in
and to certain properties or portions thereof together with
all right, title, interest, and estate that the owner or owners
of said property interests may have in all streets, alleys,
ways or lanes, public or private, both abutting the whole
area described and/or contained within the perimeter of
said area, situate in Baltimore City, Maryland, and de-
scribed as follows:
204 N. Castle Street
206 N. Castle Street
208 N. Castle Street
210 N. Castle Street
212 N. Castle Street
214 N. Castle Street
216 N. Castle Street
218 N. Castle Street
220 N. Castle Street
222 N. Castle Street
2000 E. Fayette Street
2002 E. Fayette Street
2004 E. Fayette Street
ORDINANCES 803
2006 E. Fayette Street
2008 E. Fayette Street
2010 E. Fayette Street
2012 E. Fayette Street
2014 E. Fayette Street
2016 E. Fayette Street
2018 E. Fayette Street
2020 E. Fayette Street
2022 E. Fayette Street
2024 E. Fayette Street
201 N. Washington Street
203 N. Washington Street
205 N. Washington Street
207 N. Washington Street
209 N. Washington Street
211 N. Washington Street
213 N. Washington Street
215 N. Washington Street
217 N. Washington Street
219 N. Washington Street
221 N. Washington Street
223 N. Washington Street
225 N. Washington Street
227 N. Washington Street
2002-04 Wapping Alley
2006 Wapping Alley
2008 Wapping Alley
2010 Wapping Alley
2012 Wapping Alley
Lot 14A, Block 1685, Section 5, Ward 6
Sec. 4. And be it further ordained, That the Real Estate
Acquisition Division of the Department of the Comptroller,
or such person or persons and in such manner as the Board
of Estimates, in the exercise of the power vested in it by
Article V, Section 5, of the Baltimore City Charter, may
hereafter from time to time designate, is or are authorized
to acquire on behalf of the Mayor and City Council of Bal-
timore and for the purposes described in this ordinance
the fee simple interest or any lesser interest in and to
the properties or portions thereof hereinabove mentioned.
If the said Real Estate Acquisition Division of the Depart-
804 ORDINANCES Ord. No. 818
ment of the Comptroller, or such person or persons, and in
such manner as the Board of Estimates, in the exercise
of the power vested in it by Article V, Section 5, of the
Baltimore City Charter, may hereafter from time to time
designate, is or are unable to agree with the owner or
owners on the purchase price of said properties or portions
thereof, it or they shall forthwith notify the City Solicitor
of Baltimore City, who shall thereupon institute in the
name of the Mayor and City Council of Baltimore the
necessary legal proceedings to acquire by condemnation
the fee simple interest or any lesser interest in and to said
properties or portions thereof.
Sec. 5. And be it further ordained, That in whatever re-
spect, if any, the amended Renewal Plan approved hereby
for Washington Hill-Chapel may not meet the require-
ments as to the content of a Renewal Plan or the proce-
dures for the preparation, adoption, and approval of Re-
newal Plan, as provided in Ordinance No. 152, approved
June 28, 1968, the said requirements are hereby waived
and the amended Renewal Plan approved hereby is ex-
empted therefrom.
Sec. 6. And be it further ordained, That in the event it be
judicially determined that any word, phrase, clause, sen-
tence, paragraph, section or part in or of this ordinance or
the application thereof to any person or circumstances is
invalid, the remaining provisions and the application of
such provisions to other persons or circumstances shall not
be affected thereby, the Mayor and City Council hereby
declaring that they wrould have ordained the remaining pro-
visions of this ordinance without the word, phrase, clause,
sentence, paragraph, section or part or the application
thereof so held invalid.
Sec. 7. And be it further ordained, That in any case
where a provision of this ordinance concerns the same
subject matter as an existing provision of any zoning,
building, electrical, plumbing, health, fire or safety ordi-
nance or code or regulation, the applicable provisions con-
cerned shall be construed so as to give effect to each; pro-
vided, however, that if such provisions are found to be in
irreconcilable conflict, the provision which establishes the
ORDINANCES 805
higher standard for the promotion of the public health and
safety shall prevail. In any case where a provision of this
ordinance is found to be in conflict with an existing provi-
sion of any other ordinance or code or regulation in force
in the City of Baltimore which establishes a lower standard
for the promotion and protection of the public health and
safety, the provision of this ordinance shall prevail, and
the other existing provision of such other ordinance or
code or regulation is hereby repealed to the extent that it
may be found in conflict with this ordinance.
Sec. 8. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved July 10, 1978.
WILLIAM DONALD SCHAEFER, Maijor.
No. 819
(Council No. 1690)
An Ordinance authorizing the City Comptroller to sell at
either public or private sale in accordance with Article V,
Section 5 (b) of the City Charter, 1964 Revision, and any
and all amendments thereto all of the interest of the
Mayor and City Council of Baltimore in and to all those
pieces and parcels of land situate in Baltimore City, State
of Maryland, formerly comprising a part of Camp Hola-
bird, described as parcels 1 and 2 in Quitclaim Deed from
United States of America to the Mayor and City Council
of Baltimore, dated October 18, 1977 and recorded among
the Land Records of Baltimore City in Liber R.H.B. 3535,
Folio 477 ; said property being no longer needed for pub-
lic use.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the Comptroller of Baltimore City be and
he is hereby authorized to sell at either public or private
sale, in accordance with Article V, Section 5 (b) of the
City Charter, 1964 Revision, and any and all amendments
806 ORDINANCES Ord. No. 820
thereto, all of the interest of the Mayor and City Council
of Baltimore in and to the two parcels of land situate in
Baltimore City, State of Maryland formerly comprising
a part of Camp Holabird and described as follows:
Being and comprising parcel 1 containing 78.86 acres of
land, more or less, and parcel 2 containing 104.84 acres of
land, more or less, all as described in the Quitclaim Deed
from the United States of America to the Mayor and City
Council of Baltimore, dated October 18, 1977 and recorded
among the Land Records of Baltimore City in Liber R.H.B.
3535, Folio 477.
Said property being no longer needed for public use by
the City.
Sec. 2. Be it further ordained, That no deed or deeds shall
pass in accordance herewith until the same shall have been
approved by the City Solicitor.
Sec. 3. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved July 10, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 820
(Council No. 1760)
An Ordinance providing for a supplementary special loan
fund appropriation in the amount of One Million Dollars
($1,000,000) to the Department of Housing and Com-
munity Development to be used for property acquisition
and improvement under the Maryland Industrial Develop-
ment Financing Authority and City Ordinance in
accordance with the provisions of Article VI, Section
2(h) (3) of the Baltimore City Charter (1964 Revision).
Whereas, Article 41, Sections 266 J and 266CC, inclu-
sive, of the Annotated Code of Maryland, as amended, ere-
ORDINANCES 807
ated and amended the Maryland Industrial Development
Financing Authority, hereinafter called "MIDFA," and
vested in it certain powers and duties in connection with
the preservation and betterment of the economy of the
State, authorizes any municipality of the State to borrow
money without pledging- its full faith and credit, and to
execute a mortgage as security therefore, and use such
money to defray the cost of acquiring an industrial project,
including land, buildings and equipment, either by purchase
or construction, after the adoption of an ordinance by the
legislature of the municipality to do so; and
Whereas, the money appropriated herein represents the
proceeds of an Industrial Development Loan approved but
not guaranteed by the Maryland Industrial Development
Financing Authority ; and
Whereas, Ordinance provides a sum of money
not to exceed One Million Dollars ($1,000,000) for the
acquisition and improvement of various properties located
in Baltimore City near the southwest corner of Sinclair
Lane and Shannon Drive ; and
Whereas, Ordinance provides for the leasing of
the aforementioned property to Moldcraft, Inc., a fully-
owned subsidiary of Anchor Hocking Corporation, to be
used in connection with its business operations; and
Whereas, the Industrial Development Loan represents
a material change in circumstances since the adoption of
the 1977-1978 Ordinance of Estimates; and
Whereas, the supplementary special loan fund appro-
priation ordained herein has been recommended to the City
Council by the Board of Estimates, said recommendation
having been made at a regular meeting of said Board held
on the 31st day of May, 1978, all in accordance with Article
VI, Section 2(h)(3) of the 1964 revised Charter of Balti-
more City.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI, Sec-
tion 2(h) (3) of the 1964 revision of the Charter of Balti-
more City, the sum of One Million Dollars ($1,000,000)
shall be made available to the Department of Housing and
808 ORDINANCES Ord. No. 821
Community Development of the City of Baltimore as a sup-
plements ly special loan fund appropriation for the fiscal
year ending June 30, 1978 for the purpose of acquiring and
improving various properties located in Baltimore City near
the southwest corner of Sinclair Lane and Shannon Drive.
The amount thus made available as a supplementary special
loan fund appropriation shall be expended from an Indus-
trial Development Loan and shall be the source of revenue
for this supplementary special loan fund appropriation,
as required by Article VI, Section 2(h)(3) of the 1964 re-
vised Charter of Baltimore City.
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved July 10, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 821
(Council No. 1775)
An Ordinance to authorize the Mayor and City Council of
Baltimore pursuant to and in accordance with the Mary-
land Industrial Development Financing Authority Act to
acquire certain property located near the southwest
comer of Sinclair Lane and Shannon Drive, in Baltimore,
Maryland, and to lease such property, together with
certain adjacent property presently owned by the Mayor
and City Council of Baltimore to Moldcraft Incorporated,
a Delaware corporation, provided Anchor Hocking Cor-
poration, a Delaware corporation, shall guarantee Mold-
craft Incorporated' s obligations under the lease and/or
the loan referred to herein; to grant to Moldcraft In-
corporated an option to purchase all of said property for
nominal consideration upon payment in full of the loan;
to borrow a sum of money not to exceed One Million
Dollars and to use the same (i) to release the property
presently owned by the Mayor and City Council of Bal-
timore from an existing mortgage thereon, (ii) to ac-
quire the property not presently owned, and (iii) to im-
ORDINANCES 809
prove the property presently owned and the property to
be acquired; to execute the necessary legal documents
to evidence and secure said loan; and to confer and to
impose upon the Department of Housing and Community
Development certain powers and duties.
Whereas, Ordinance No. 1022, approved November 24,
1975, was enacted transferring all the duties and responsi-
bilities of The Baltimore City Economic Development Com-
mission to The Department of Housing and Community
Development thereby vesting in said department certain
powers and duties to be exercised in connection with aiding
the industrial growth of Baltimore City; and
Whereas, Article 41, Sections 266J to 266CC, inclusive,
of the Annotated Code of Maryland (1978 Replacement
Volume), as amended, created and amended the Maryland
Industrial Development Financing Authority (hereinafter
called "MIDFA"), and vested in it certain powers and
duties in connection with the preservation and betterment
of the economy of the State ; and
Whereas, the aforementioned sections of said Article
41 of the Annotated Code of Maryland, among other things,
authorize any municipality of this State to borrow money
without pledging its full faith and credit, and to execute
a mortgage as security therefor, and to use such money
to defray the cost of acquiring any industrial project, in-
cluding land, buildings and equipment, either by purchase
or construction, after the adoption of an ordinance by the
legislative body of the municipality to do so; and
Whereas, MOLDCRAFT INCORPORATED, a corpora-
tion organized and existing under the laws of the State of
Delaware (hereinafter called the "Company"), by its letter
of intent dated May 5, 1978 (hereinafter called the "Letter
of Intent"), addressed to the Mayor and City Council of
Baltimore (hereinafter called the "City"), has requested
aid and assistance from the City in connection with the
acquisition and improvements of the property hereinafter
designated in Baltimore City which is to be leased by the
City to the Company pursuant to a lease agreement to be
entered into between the City and the Company (herein-
after called the "Lease") ; and
810 ORDINANCES Ord. No. 821
Whereas, it has been determined that cooperation by
the City in connection with the aforementioned undertak-
ing will improve the economic condition of Baltimore City;
now, therefore,
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That pursuant to and in accordance with the
terms and provisions of Sections 266J to 266CC of Ar-
ticle 41 of the Annotated Code of Maryland, as amended,
which created and amended MIDFA :
(1) The City be and it is hereby authorized to acquire
by negotiation and not by eminent domain the land and
improvements located near the southwest corner of Sin-
clair Lane and Shannon Drive, and known as Lots 1, 2 and
parts of Lots 3 and 4, as shown on Plat of Development
for Sinclair Lane Industrial Park — Resubdivision of Lot
9A — Said Plat being recorded among the Land Records
of Baltimore City in Pocket Folder R.H.B. No. 2578.
(2) The aforementioned property and the improvements
thereon shall be acquired only for the purpose of leasing
the same, together with Lot 13 in said Sinclair Lane In-
dustrial Park (which Lot 13 is presently owned by the
City) and the improvements thereon, to the Company to be
used by the Company in connection with its business op-
erations, upon such terms and conditions as may be mu-
tually agreed upon by the City and the Company, including
an option on the part of the Company to acquire said Lots
13, 1, 2 and parts of Lots 3 and 4 for nominal consideration
and an undertaking on the part of the City to execute and
deliver a deed to all such property upon the exercise of
such option and payment of such consideration.
(3) The City be and it is hereby fully authorized and
empowered (i) to borrow a sum of money not exceeding
One Million Dollars ($1,000,000) (hereinafter called the
"Loan"), and to use the same for or in connection with (a)
the acquisition of said Lots 1, 2 and parts of Lots 3 and
4, (b) the improvement of said Lots 13, 1, 2 and parts of
Lots 3 and 4, and (c) obtaining a release of the existing
mortgage on said Lot 13, and (ii) to execute a mortgage
on all such property and such other documents necessary
to evidence and secure the Loan; the term of said mort-
ORDINANCES 811
gage shall not exceed twenty-one (21) years, and the rate
of interest to be paid by the City in connection with the
Loan shall not exceed seven percent (7%) per annum with
a principal moratorium for the first two (2) years. If at
any time during the term of the loan it is determined that
the interest to the lender is not exempt from Federal in-
come taxation, the interest rate will automatically be in-
creased to ten and one-half percent (10V2%) for any
periods that said interest is so taxable.
(4) The terms and provisions of any and all legal in-
struments to be executed or entered into by the City in
connection with the transaction authorized by this ordi-
nance shall be subject to the approval of the Board of
Estimates.
(5) The borrowing, acquisition, improvement and leas-
ing authorized by this ordinance is for the benefit of the
Company, a bona fide tenant as evidenced by the Letter of
Intent.
(6) Anchor Hocking Corporation of which the Company
is a wholly-owned subsidiary shall, as mutually determined
by the Company, the lender and Anchor Hocking Corpora-
tion, irrevocably and unconditionally guarantee (i) the full
and prompt repayment of the Loan and the interest there-
on, and/or (ii) the full and prompt performance by the
Company of its obligations under the Lease.
Sec. 2. And be it further ordained, That The Department
of Housing and Community Development is hereby fully
authorized and empowered for the purpose of this ordi-
nance only:
(a) To promote, make investigations, conduct prelimi-
nary negotiations, and do any and all other things neces-
sary or proper to expedite the consummation of the trans-
actions mentioned in this ordinance; all pursuant and
subject to the provisions of the Charter of Baltimore City.
(b) After the transactions mentioned in this ordinance
have been fully consummated, The Department of Housing
and Community Development shall do any and all other
things necessary, proper or expedient to assure the full
performance by the Company of any and all of the terms
812 ORDINANCES Ord. No. 822
and provisions in any and all agreements entered into by
the City and the Company, all subject to the provisions of
the Charter of Baltimore City.
Sec. 3. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved July 10, 1978.
WILLIAM DONALD SCHAEFER, Maxtor.
No. 822
(Council No. 1616)
An Ordinance to repeal Section 20 of Article 19 of the Bal-
timore City Code (1976 Edition), title "Police Ordi-
nances", subtitle "Drinking in Public Places", and to
ordain in lieu thereof a new Section 20 to stand in the
place of the section so repealed, prohibiting the drinking
of alcoholic beverages in public places, providing excep-
tions, and providing penalties.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That Section 20 of Article 19 of the Baltimore
City Code (1976 Edition), title "Police Ordinances", sub-
title "Drinking in Public Places", be and it is hereby re-
pealed and that new Section 20 be and it is hereby ordained
in lieu thereof, to stand in the place of the section so
repealed and to read as follows :
DRINKING IN PUBLIC PLACES
20. Regulated.
(a) Applicability. It is unlawful for any person to drink
or consume any alcoholic beverages (as that term is defined
from time to time in Article 2B of the Annotated Code of
Maryland) in or on any public street, avenue, alley, lane, o*
sidewalk, PARK, BUILDING, OR GROUND in this City.
This section shall be applicable to drinking or consumption
of alcoholic beverages in or on any Class A or Class D vehi-
ORDINANCES 813
cle (as these classes of vehicles are designated from time to
time in the Transportation Article of the Annotated Code).
(b) Exception. This section shall not be applicable to
the drinking or consumption of any alcoholic beverage by
an owner or lessee of property or the guest of either, on the
property owned or leased or on any property immediately
adjacent to the property owned or leased; nor shall it be
applicable to the drinking or consumption of any alcoholic
beverage on any premises licensed under Article 2B of the
Annotated Code for the sale or consumption of alcoholic
beverages. Drinking in public parks and public buildings
and on public ground shall be regulated by- the rules €md
regulations of MAY BE ALLOWED SUBJECT TO THE
TERMS OF A PERMIT THEREFOR ISSUED BY the
City agency having jurisdiction over the park, building
or ground.
(c) Penalties. Any person who violates the provisions
of this subtitle is guilty of a misdemeanor and on convic-
tion is subject to a fine not exceeding One Hundred Dollars
($100).
Sec. 2. And be it further ordained, That this ordinance
shall take effect July 1, 1978.
Approved July 12, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 823
(Council No. 1316)
An Ordinance providing for a supplementary general fund
appropriation in the amount of Five Hundred Fourteen
Thousand Eight Hundred Fifty-Two Dollars ($514,852)
to the Mayor's Offise DEPARTMENT OF PUBLIC
WORKS to be used for acquiring and rehabilitating
property located at the southeast corner of Fayette and
Holliday Streets and identified as Ward 4, Section 11,
Block 1331, Lots 16-17 in Baltimore City, in accordance
814 ORDINANCES Ord. No. 823
with the provisions of Article VI, Section 2 (h )-(£)-( 1)
of the Baltimore City Charter (1964 Revision).
Whereas, the money appropriated herein represents sur-
plus general funds PRODUCED BY THE DEPARTMENT
OF PUBLIC WORKS AND carried over from the preceding
fiscal year which have become a part of the general revenue
of the City in excess of the revenues estimated and relied
upon by the Board of Estimates in determining the tax levy
required to balance the budget for the 1978 fiscal year and
are therefore available for appropriation, as provided in
Article VI, Section 2 (i) of the 1964 revised Charter of Bal-
timore City; and
Whereas, the additional sum here appropriated is for a
new program which could not reasonably be anticipated at
the time of formulation of the proposed Ordinance of Esti-
mates for the 1978 fiscal year, in accordance with Article
VI, Section 2(h) -(£)-( 1) of said Charter; and
Whereas, the supplementary general fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
16th day of November, 1977, AND AMENDED BY SAID
BOARD AT A REGULAR MEETING ON THE 14TH DAY
OF JUNE 1978, all in accordance with Article VI, Section
2(h)^)-(l) of said Charter.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI, Sec-
tion 2 of the 1964 revision of the Charter of Baltimore City,
the sum of Five Hundred Fourteen Thousand Eight Hun-
dred Fifty-Two Dollars ($514,852) shall be made available
to the Mayor's QSke DEPARTMENT OF PUBLIC WORKS
of the City of Baltimore as a supplementary general fund
appropriation for the fiscal year ending June 30, 1978 for
the purpose of acquiring and rehabilitating property located
at the southeast corner of Fayette and Holliday Streets and
identified as Ward 4, Section 11, Block 1331, Lots 16-17 in
Baltimore City. The amount thus made available as a supple-
mentary general fund appropriation shall be expended from
surplus general funds of the Mayor and City Council of
Baltimore carried over from the preceding fiscal year; and
ORDINANCES 815
said funds from said surplus shall be the source of revenue
for this supplementary general fund appropriation, as re-
quired by Article VI, Section 2 of the 1964 revised Charter
of Baltimore City.
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved July 10, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 824
(Council No. 1164)
An Ordinance granting permission to Community Resi-
dence Center, Inc., for the establishment and mainte-
nance of a Community Adult Rehabilitation CORREC-
TION Center on the property generally known as 320 E.
Lanvale Street under the provisions of Section 4.8-ld of
Article 30 of the Baltimore City Code (1966 Edition),
title "Zoning Code of Baltimore City," as ordained by
Ordinance 1051, approved April 20, 1971 and amended
by Ordinance 260, approved February 5, 1973, and under
the provisions of Section 11.0-6d of said article and title,
subtitle "Conditional Uses by Authority of City Council,"
as ordained by Ordinance 1051, approved April 20, 1971,
SUBJECT TO THE CONDITIONS THAT THE
CENTER SHALL BE OPERATIONAL WITHIN 12
MONTHS AND THAT COMMUNITY RESIDENCE
CENTER, INC. SHALL NOT INCREASE THE NUM-
BER OF ITS RESIDENT CLIENTS WITHIN THE
GREENMOUNT URBAN RENEWAL AREA.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That permission is hereby granted to Com-
munity Residence Center, Inc., for the establishment and
maintenance of a Community Adult Rehabilitation COR-
RECTION Center on the property generally known as 320
E. Lanvale Street under the provisions of Section 4.8-ld of
816 ORDINANCES Ord. No. 825
Article 30 of the Baltimore City Code (1966 Edition), title
"Zoning Code of Baltimore City," as ordained by Ordinance
1051, approved April 20, 1971 and amended by Ordinance
260, approved February 5, 1973, and under the provisions of
Section 11.0-6d of said article and title, subtitle "Condi-
tional Uses by Authority of City Council," as ordained by
Ordinance 1051, approved April 20, 1971.
SECTION 2. AND BE IT FURTHER ORDAINED,
THAT THIS ORDINANCE IS PASSED SUBJECT TO
THE FOLLOWING CONDITIONS :
1. THAT COMMUNITY RESIDENCE CENTER, INC.
SHALL BE OPERATING AND MAINTAINING A COM-
MUNITY CORRECTION CENTER AT 320 E. LANVALE
STREET WITHIN 12 MONTHS FROM THE DATE OF
PASSAGE OF THIS ORDINANCE; AND
2. THAT COMMUNITY CORRECTION CENTER,
INC. WILL NOT BE GIVEN PERMISSION TO EITHER
INCREASE ITS RESIDENT CAPACITY AT 320 E.
LANVALE STREET OR TO USE ADDITIONAL PROP-
ERTY FOR A COMMUNITY CORRECTION CENTER
WITHIN THE AREA BOUNDED BY NORTH AVENUE
ON THE NORTH, OLIVER STREET AND JONES FALLS
ON THE SOUTH, HOWARD STREET AND JONES
FALLS ON THE WEST, AND GREENMOUNT AVENUE
ON THE EAST.
Sec. 2t 3. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved July 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 825
(Council No. 1311)
An Ordinance to condemn and open, certain streets and
alleys lying within the area of the Ridgely's Delight
ORDINANCES 817
Urban Renewal Project in accordance with a plat thereof
numbered, 329-A-2, prepared by the Surveys and Records
Division and filed in the Office of the Department of Public
Works, on the Thirteenth (13th) day of October, 1977,
and now on file in said office.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the Department of Public Works be, and
they are hereby authorized and directed to condemn, open,
certain streets and alleys lying within the area of the
Ridgely's Delight Urban Renewal Project the streets and
alleys hereby directed to be condemned for said opening
being described as follows :
Sheet 1 of 3 comprising certain streets and alleys lying
within the area bounded by Washington Boulevard, Russell
Street, Paca Street, and the northeast outline of the prop-
erties known as No. 524 S. Paca Street and No. 623 Wash-
ington Boulevard said streets and alleys are numbered
from one to four on said Sheet 1 and described as follows :
1 — Eislen Street, varying in width, and extending from
Russell Street, Southwesterly 90 feet, more or less, to the
line of the northeast outline of the property known as No.
524 S. Paca Street, if projected northwesterly and desig-
nated as Parcel No. 1.
2 — A 5.67 foot alley contiguous to and northeast of the
northeast outline of the property known as No. 522 Eislen
Street and extending from Eislen Street, Northwesterly 48
feet, more or less, to a 10 foot alley, laid out 48 feet north-
west of Eislen Street and designated as Parcel No. 2.
3 — An alley, 10 feet wide, laid out 48 feet northwest
of Eislen Street and extending from the northeast outline of
the property known as No. 623 Washington Boulevard,
Northeasterly 28.5 feet to the end thereof and designated as
Parcel No. 3.
4 — An alley, 6 feet wide, laid out 124.25 feet south-
east of Washington Boulevard and extending from the
northeast outline of the property known as No. 623 Wash-
ington Boulevard, Northeasterly 35 feet to the end thereof
and designated as Parcel No. 4.
818 ORDINANCES Ord. No. 825
Sheet 2 of 3 comprising (1) all streets and alleys referred
to among the Land Records of Baltimore City that lie within
the area bounded by Russell Street, Warner Street, and Paca
Street and (2) certain streets and alleys lying within the
area bounded by Conway Street, Fremont Avenue, Bur-
gundy Street, and Warner Street said streets and alleys are
numbered from five to nine NINE A on said Sheet 2 and
described as follows:
5 — Burgundy Street, 20 feet wide, and extending from
Warner Street, Northeasterly 74 feet, more or less, to
Russell Street and designated as Parcel No. 5.
6 — An alley, 4 feet wide, laid out 36 feet northeast of
Warner Street and extending from Burgundy Street, South-
easterly 36 feet to the end thereof and designated as Parcel
No. 6.
7 — A 2.67 foot alley, laid out 85.5 feet southwest of
Warner Street and extending from Burgundy Street, South-
easterly 45 feet, more or less, to the end thereof and desig-
nated as Parcel No. 7.
8— A 2.25 foot alley, laid out 207.17 feet southwest of
Warner Street and extending from Burgundy Street, South-
easterly 19 feet, more or less, to the end thereof and desig-
nated as Parcel No. 8.
9 — A 2.5 foot alley, laid out 234.67 feet southwest of
Warner Street and extending from Burgundy Street, South-
easterly 19 feet, more or less, to the end thereof and desig-
nated as Parcel No. 9.
9A— AN ALLEY, 3 FEET WIDE, LAID OUT 57 FEET
SOUTHWEST OF WARNER STREET AND EXTEND-
ING FROM BURGUNDY STREET, SOUTHEASTERLY
57 FEET, MORE OR LESS, TO THE END THEREOF
AND DESIGNATED AS PARCEL NO. 9A.
Sheet 3 of 3 comprising all streets and alleys referred to
among the Land Records of Baltimore City that lie within
the area bounded by Conway Street, Russell Street, Houser
Street and the southwest outline of the property known as
No. 641 W. Conway Street said streets and alleys are num-
ORDINANCES 819
bered from ten to twelve on said Sheet 3 and described as
follows :
10 — An alley, 3 feet wide, laid out contiguous to and
southwest of the northeast outline of the property known as
No. 621 W. Conway Street and extending from Houser
Street, Northwesterly 31 feet, more or less, to the end
thereof and designated as Parcel No. 10.
11 — An alley, 3 feet wide, laid out contiguous to and north-
east of the southwest outline of the property known as No.
€23 W. Conway Street and extending from Houser Street,
Northwesterly 34 feet, more or less, to the end thereof and
designated as Parcel No. 11.
12 — A 2.67 foot alley, laid out contiguous to and north-
east of the southwest outline of the properties known as No.
620 Houser Street and No. 627 W. Conway Street and
extending from Houser Street, Northwesterly 34 feet, more
or less, to the end thereof and designated as Parcel No. 12.
the said streets and alleys as directed to be condemned being
more particularly described and referred to among the Land
Records of Baltimore City and delineated and particularly
shown on a plat numbered 329-A-2 which was filed in the
Office of the Department of Public Works on the Thirteenth
(13th) day of October in the year 1977, and is now on file
in said Office.
Sec. 2. And be it further ordained, That the proceedings
of said Department of Public Works, with reference to the
condemnation and opening of said streets and alleys and the
proceedings and rights of all parties interested or affected
thereby, shall be regulated by, and be in accordance with,
any and all applicable provisions of Article 4 of the
Code of Public Local Laws of Maryland and the Charter of
Baltimore City (1964 Revision) as amended to July 1, 1973
and any and all amendments thereto, and any and all other
Acts of the General Assembly of Maryland, and any and all
ordinances of the Mayor and City Council of Baltimore, and
any and all rules or regulations in effect which have been
adopted by the Director of Public Works and filed with
the Department of Legislative Reference.
820 ORDINANCES Ord. No. 826
SEC. 3. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved July 19, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 826
(Council No. 1312)
An Ordinance to condemn and close certain streets and
alleys lying within the area of the Ridgely's Delight Urban
Renewal Project in accordance with a plat thereof num-
bered 329-A-2A, prepared by the Surveys and Records
Division and filed in the Office of the Department of Public
Works, on the Thirteenth (13th) day of October, 1977,
and now on file in said office.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the Department of Public Works be, and
they are hereby authorized and directed to condemn and
close certain streets and alleys lying within the area of the
Ridgely's Delight Urban Renewal Project the streets and
alleys hereby directed to be condemned for said closing
being described as follows :
Sheet 1 of 3 comprising certain streets and alleys lying
within the area bounded by Washington Boulevard, Russell
Street, Paca Street, and the northeast outline of the prop-
erties known as No. 524 S. Paca Street and No. 623 Wash-
ington Boulevard said streets and alleys are numbered from
one to four on said Sheet 1 and described as follows :
1 — Eislen Street, varying in width, and extending from
Russell Street, Southwesterly 90 feet, more or less, to the
line of the northeast outline of the property known as No.
524 S. Paca Street, if projected northwesterly and desig-
nated as Parcel No. 1.
2 — A 5.67 foot alley contiguous to and northeast of the
northeast outline of the property known as No. 522 Eislen
ORDINANCES 821
Street and extending from Eislen Street, Northwesterly 48
feet, more or less, to a 10 foot alley, laid out 48 feet north-
west of Eislen Street and designated as Parcel No. 2.
3 — An alley, 10 feet wide, laid out 48 feet northwest of
Eislen Street and extending from the northeast outline of
the property known as No. 623 Washington Boulevard,
Northeasterly, 28.5 feet to the end thereof and designated
as Parcel No. 3.
4 — An alley, 6 feet wide, laid out 124.25 feet southeast of
Washington Boulevard and extending from the northeast
outline of the property known as No. 623 Washington
Boulevard, Northeasterly 35 feet to the end thereof and
designated as Parcel No. 4.
Sheet 2 of 3 comprising (1) all streets and alleys referred
to among the Land Records of Baltimore City that lie within
the area bounded by Russell Street, Warner Street, and
Paca Street and (2) certain streets and alleys lying within
the area bounded by Conway Street, Fremont Avenue, Bur-
gundy Street, and Warner Street said streets and alleys are
numbered from five to ftise NINE A on said Sheet 2 and
described as follows :
5 — Burgundy Street, 20 feet wide, and extending from
Warner Street, Northeasterly 74 feet, more or less, to
Russell Street and designated as Parcel No. 5.
6 — An alley, 4 feet wide, laid out 36 feet northeast of
Warner Street and extending from Burgundy Street, South-
easterly 36 feet to the end thereof and designated as Parcel
No. 6.
7— A 2.67 foot alley, laid out 85.5 feet southwest of
Warner Street and extending from Burgundy Street, South-
easterly 45 feet, more or less, to the end thereof and desig-
nated as Parcel No. 7.
8 — A 2.25 foot alley, laid out 207.17 feet southwest of
Warner Street and extending from Burgundy Street, South-
easterly 19 feet, more or less, to the end thereof and desig-
nated as Parcel No. 8.
9 — A 2.5 foot alley, laid out 234.67 feet southwest of
Warner Street and extending from Burgundy Street, South-
822 ORDINANCES Ord. No. 826
easterly 19 feet, more or less, to the end thereof and
designated as Parcel No. 9.
9A— AN ALLEY, 3 FEET WIDE, LAID OUT 57 FEET
SOUTHWEST OF WARNER STREET AND EXTEND-
ING FROM BURGUNDY STREET, SOUTHEASTERLY
57 FEET, MORE OR LESS, TO THE END THEREOF
AND DESIGNATED AS PARCEL NO. 9A.
Sheet 3 of 3 comprising all streets and alleys referred
to among the Land Records of Baltimore City that lie
within the area bounded by Conway Street, Russell Street,
Houser Street and the southwest outline of the property
known as No. 641 W. Conway Street said streets and alleys
are numbered from ten to twelve on said Sheet 3 and de-
scribed as follows :
10 — An alley, 3 feet wide, laid out contiguous to and
southwest of the northeast outline of the property known as
No. 621 W. Conway Street and extending from Houser
Street, Northwesterly 31 feet, more or less, to the end
thereof and designated as Parcel No. 10.
11 — An alley, 3 feet wide, laid out contiguous to and
northeast of the southwest outline of the property known as
No. 623 W. Conway Street and extending from Houser
Street, Northwesterly 34 feet, more or less, to the end
thereof and designated as Parcel No. 11.
12 — A 2.67 foot alley, laid out contiguous to and north-
east of the southwest outline of the properties known
as No. 620 Houser Street and No. 627 W. Conway Street and
extending from Houser Street, Northwesterly 34 feet, more
or less, to the end thereof and designated as Parcel No. 12.
the said streets and alleys as directed to be condemned being
more particularly described and referred to among the Land
Records of Baltimore City and delineated and particularly
shown on a plat numbered 329-A-2A which was filed in the
Office of the Department of Public Works on the Thirteenth
(13th) day of October, in the year 1977 and is now on file in
the said Office.
SEC. 2. And be it further ordained, That after said high-
way or highways shall have been closed under the provisions
of this ordinance, all subsurface structures and appur-
ORDINANCES 823
tenances now owned by the Mayor and City Council of Bal-
timore, shall be and continue to be the property of the
Mayor and City Council of Baltimore, in fee simple, until
the use thereof shall be abandoned by the Mayor and City
Council of Baltimore, and in the event that any person,
firm or corporation shall first obtain permission and permits
therefor from the Mayor and City Council of Baltimore,
and shall in the application for such permission and permits
agree to pay all costs and charges of every kind and nature
made necessary by such removal, alternation or inter-
ference.
Sec. 3. And be it further ordained, That no buildings
or structures of any kind shall be constructed or erected in
said portion of said highway or highways after the same
shall have been closed under the provisions of this ordinance
until the subsurface structures and appurtenances now
owned by the Mayor and City Council of Baltimore, over
which said buildings or structures are proposed to be con-
structed or erected shall have been abandoned or shall have
been removed and relaid in accordance with the specifica-
tions and under the direction of the Director of Public
Works of Baltimore City, and at the expense of the person
or persons or body corporate desiring to erect such build-
ings or structures. Railroad tracks shall be taken to be
"structures" within the meaning of this section.
Sec. 4. And be it further ordained, That after said high-
way or highways shall have been closed under the provi-
sions of this ordinance, all subsurface structures and appur-
tenances owned by any person, firm or corporation, other
than the Mayor and City Council of Baltimore, shall upon
notice from the Director of Public Works of Baltimore City,
be promptly removed by and at the expense of the said
owners.
Sec. 5. And be it further ordained, That on and after
the closing of said highway or highways, the said Mayor
and City Council of Baltimore, acting through its duly au-
thorized representatives, shall, at all times, have access to
said property and to all subsurface structures and appur-
tenances used by it therein, for the purposes of inspection,
maintenance, repair, alteration, relocation and/or replace-
824 ORDINANCES Ord. No. 827
ment, of any or all of said structures and appurtenances, and
this without permission from or compensation to the owner
or owners of said land.
SEC. 6. And be it further ordained, That the proceedings
of said Department of Public Works with reference to the
condemnation and closing of said streets and alleys and the
proceedings and rights of all parties interested or affected
thereby, shall be regulated by, and be in accordance with,
any and all applicable provisions of Article 4 of the Code
of Public Local Laws of Maryland and the Charter of
Baltimore City (1964 Revision) as amended to July 1, 1973
and any and all amendments thereto, and any and all other
Acts of the General Assembly of Maryland, and any and
all ordinances of the Mayor and City Council of Baltimore,
and any and all rules or regulations in effect which have
been adopted by the Director of Public Works and filed with
the Department of Legislative Reference.
SEC. 7. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved July 19, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 827
(Council No. 1488)
An Ordinance to amend Sheets 65 and 66 of the Zoning
District Maps of Article 30 of the Baltimore City Code
(1966 Edition), title "Zoning", (Ordinance No. 1051,
approved April 20, 1971) by changing the following Zon-
ing Districts in the Sharp-Leadenhall Urban Renewal
Project; (1) from the B-3-3 Zoning District to the R-7
Zoning District the properties known as 808 through
834, 817 through 831, and 917 through 935 S. Hanover
Street, 102 through 118 W. Henrietta Street, and 813
through 829 Bevan Street as outlined in red on the RE-
VISED plat accompanying this ordinance; (2) from the
ORDINANCES 825
M-2-2 Zoning- District to the R-7 Zoning District the
properties known as 803 S. SHARP STREET, 903
through 919 Peach Street, 900 through 936 Leadenhall
Street, 131 through 151 W. Henrietta Street, and 108-114
Winter Street as outlined in blue on the REVISED
plat accompanying this ordinance; (3) from the M-2-2
Zoning District to the £-2-3 B-2-1 Zoning District that
portion of the property known as 1000 S. Hanover Street
which lies west of a line running approximately 90 feet
from and parallel to S. Hanover Street as outlined in
green on the REVISED plat accompanying this ordi-
nance; (4) from the B-3-3 Zoning District to the £-2-3
B-2-1 Zoning District that portion of the property known
as 1000 S. Hanover Street which lies east of a line
running approximately 90 feet from and parallel to S.
Hanover Street AND THE PROPERTY KNOWN AS
31-45 W. WEST STREET as outlined in yellow on the
REVISED plat accompanying this ordinance; (5)
from the B-3-3 Zoning District to the R-8 Zoning Dis-
trict the properties generally lying south of a line ap-
proximately 48 feet from and parallel to W. Hamburg
Street between S. Hanover and Olive Streets, west of
Olive Street and Goodman Alley, north of Ropewalk Lane,
and east of the eastern property fee ©I 4? Wr West
Street, S. HANOVER STREET, east of Clarkson Street
between W. West and W. Cross Streets but excluding 28
and 30-32 W. West Street, and east of the rear property
lines of 1020 through 1038 S. Hanover Street as outlined
in brown on the REVISED plat accompanying this ordi-
nance; and (6) from the M-2-2 Zoning District to the
R-8 Zoning District the properties generally lying south
of W. Cross Street, west of Clarkson Street, north of
Ropewalk Lane, and east of Race Street and also in-
cluding the properties known as 101 Ropewalk Lane, 47
through 57 W. West Street, 28 through 32 Clarkson
Street and 1017 through 1025 Race Street as outlined in
orange on the REVISED plat accompanying this ordi-
nance.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That Sheets 65 and 66 of the Zoning District
Maps of Article 30 of the Baltimore City Code (1966
Edition), title "Zoning", (Ordinance No. 1051, approved
826 ORDINANCES Ord. No. 827
April 20, 1971) be and they are hereby amended by chang-
ing the following Zoning Districts in the Sharp-Leadenhall
Urban Renewal Project:
(1) from the B-3-3 Zoning District to the R-7 Zoning Dis-
trict the properties known as 808 through 834, 817 through
831, and 917 through 935 S. Hanover Street, 102 through
118 W. Henrietta Street, and 813 through 829 Bevan Street
as outlined in red on the REVISED plat accompanying this
ordinance; (2) from the M-2-2 Zoning District to the R-7
Zoning District the properties known as 803 S. SHARP
STREET, 903 through 919 Peach Street, 900 through 936
Leadenhall Street, 131 through 151 W. Henrietta Street,
and 108-114 Winter Street as outlined in blue on the RE-
VISED plat accompanying this ordinance ;
(3) from the M-2-2 Zoning District to the B-2-3 B-2-1
Zoning District that portion of the property known as 1000
S. Hanover Street which lies west of a line running approxi-
mately 90 feet from and parallel to S. Hanover Street as
outlined in green on the REVISED plat accompanying this
ordinance; (4) from the B-3-3 Zoning District to the R-&
B-2-1 Zoning District that portion of the property known
as 1000 S. Hanover Street which lies east of a line running
approximately 90 feet from and parallel to S. Hanover
Street AND THE PROPERTY KNOWN AS 31-45 W.
WEST STREET as outlined in yellow on the REVISED
plat accompanying this ordinance;
(5) from the B-3-3 Zoning District to the R-8 Zoning
District the properties generally lying south of a line ap-
proximately 48 feet from and parallel to W. Hamburg Street
between S. Hanover and Olive Streets, west of Olive Street
and Goodman Alley, north of Ropewalk Lane, and east of
tbe eastern property foa of 42 Wr West Stroot, S. HAN-
OVER STREET, east of Clarkson Street between W. West
and W. Cross Streets but excluding 28 and 30-32 W. West
Street, and east of the rear property lines of 1020 through
1038 S. Hanover Street as outlined in brown on the RE-
VISED plat accompanying this ordinance ; and
(6) from the M-2-2 Zoning District to the R-8 Zoning
District the properties generally lying south of W. Cross
Street, west of Clarkson Street, north of Ropewalk Lane,
and east of Race Street and also including the properties
known as 101 Ropewalk Lane, 47 through 57 W. West Street,
ORDINANCES 827
28 through 32 Clarkson Street and 1017 through 1025 Race
Street as outlined in orange on the REVISED plat accom-
panying this ordinance.
Sec. 2. And be it further ordained, That upon passage
of this ordinance by the City Council, as evidence of the
authenticity of the REVISED plat which is a part hereof
and in order to give notice to the Departments which are
administering the Zoning Ordinance, the President of the
City Council shall sign the REVISED plat and when the
Mayor approves the ordinance he shall sign the REVISED
plat. The City Treasurer shall then transmit a copy of the
ordinance and one of the REVISED plats to the following :
the Board of Municipal and Zoning Appeals, the Planning
Commission, the Commissioner of the Department of
Housing and Community Development, and the Zoning
Administrator.
Sec. 3. And be it further ordained, That this ordinance
shall take effect on the date of its passage.
Approved July 19, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 828
(Council No. 1536)
An Ordinance to condemn and open, Brentwood Avenue,
20 feet wide, and extending from Lanvale Street southerly
65 feet to a 10 foot alley lying within the Greenmount
West Urban Renewal Project in accordance with a plat
thereof numbered, 334-A-14, prepared by the Surveys
and Records Division and filed in the Office of the De-
partment of Public Works, on the Twenty-first (21st)
day of February, 1978, and now on file in said office.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the Department of Public Works be,
and they are hereby authorized and directed to condemn,
828 ORDINANCES Ord. No. 828
open, Brentwood Avenue, 20 feet wide, and extending from
Lanvale Street southerly 65 feet to a 10 foot alley lying
within the Greenmount West Urban Renewal Project the
street hereby directed to be condemned for said opening
being described as follows :
Beginning for the same at the point formed by the in-
tersection of the west side of Brentwood Avenue, as now
laid out 20 feet wide, and the south side of Lanvale Street,
as now laid out, and running thence binding on the south
side of said Lanvale Street, Easterly 20 feet to the east
side of said Brentwood Avenue; thence binding on the
east side of said Brentwood Avenue, Southerly 65 feet to
the north side of a 10 foot alley laid out 65 feet south of
the south side of said Lanvale Street;
thence binding on the line of the north side of said 10 foot
alley, if projected westerly, Westerly 20 feet to the west
side of said Brentwood Avenue and thence binding on the
west side of said Brentwood Avenue, Northerly 65 feet
to the place of beginning.
the said Brentwood Avenue as directed to be condemned
being more particularly described and referred to among
the Land Records of Baltimore City and delineated and
particularly shown on a plat numbered 334-A-14 which was
filed in the Office of the Department of Public Works on
the Twenty-first (21st) day of February in the year 1978,
and is now on file in said Office.
Sec. 2. And be it further ordained, That the proceedings
of said Department of Public Works, with reference to the
condemnation and opening of said Brentwood Avenue and
the proceedings and rights of all parties interested or
affected thereby, shall be regulated by, and be in accordance
with, any and all applicable provisions of Article 4 of the
Code of Public Local Laws of Maryland and the Charter
of Baltimore City (1964 Revision) as amended to July
1, 1973 and any and all amendments thereto, and any and
all other Acts of the General Assembly of Maryland, and
any and all ordinances of the Mayor and City Council of
Baltimore, and any and all rules or regulations in effect
which have been adopted by the Director of Public Works
and filed with the Department of Legislative Reference.
ORDINANCES 829
Sec. 3. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved July 19, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 829
(Council No. 1537)
An Ordinance to condemn and close Brentwood Avenue,
20 feet wide, and extending from Lanvale Street southerly
65 feet to a 10 foot alley lying within the Greenmount
West Urban Renewal Project in accordance with a plat
thereof numbered 334-A-14A, prepared by the Surveys
and Records Division and filed in the Office of the De-
partment of Public Works, on the Twenty-first (21st)
day of February, 1978, and now on file in said office.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the Department of Public Works be, and
they are hereby authorized and directed to condemn and
close Brentwood Avenue, 20 feet wide, and extending from
Lanvale Street southerly 65 feet to a 10 foot alley lying
within the Greenmount West Urban Renewal Project the
street hereby directed to be condemned for said closing
being described as follows:
Beginning for the same at the point formed by the inter-
section of the west side of Brentwood Avenue, as now laid
out 20 feet wide, and the south side of Lanvale Street, as
now laid out, and running thence binding on the south
side of said Lanvale Street, Easterly 20 feet to the east
side of said Brentwood Avenue ; thence binding on the east
side of said Brentwood Avenue, Southerly 65 feet to the
north side of a 10 foot alley laid out 65 feet south of the
south side of said Lanvale Street;
thence binding on the line of the north side of said 10
foot alley, if projected westerly, Westerly 20 feet to the
west side of said Brentwood Avenue and thence binding
830 ORDINANCES Ord. No. 829
on the west side of said Brentwood Avenue, Northerly 65
feet to the place of beginning.
the said Brentwood Avenue as directed to be condemned
being more particularly described and referred to among
the Land Records of Baltimore City and delineated and
particularly shown on a plat numbered 334-A-14A which
was filed in the Office of the Department of Public Works
on the Twenty-first (21st) day of February, in the year
1978 and is now on file in the said Office.
Sec. 2. And be it further ordained, That after said high-
way or highways shall have been closed under the provisions
of this Ordinance, all subsurface structures and appurte-
nances now owned by the Mayor and City Council of Balti-
more, shall be and continue to be the property of the Mayor
and City Council of Baltimore, in fee simple, until the use
thereof shall be abandoned by the Mayor and City Council
of Baltimore, and in the event that any person, firm or
corporation shall first obtain permission and permits there-
for from the Mayor and City Council of Baltimore, and
shall in the application for such permission and permits
agree to pay all costs and charges of every kind and nature
made necessary by such removal, alteration or interference.
Sec. 3. And be it further ordained, That no buildings or
structures of any kind shall be constructed or erected in
said portion of said highway or highways after the same
shall have been closed under the provisions of this Ordi-
nance until the subsurface structures and appurtenances
now owned by the Mayor and City Council of Baltimore,
over which said buildings or structures are proposed to be
constructed or erected shall have been abandoned or shall
have been removed and relaid in accordance with the
specifications and under the direction of the Director of
Public Works of Baltimore City, and at the expense of the
person or persons or body corporate desiring to erect such
buildings or structures. Railroad tracks shall be taken to
be "structures" within the meaning of this section.
Sec. 4. And be it further ordained, That after said high-
way or highways shall have been closed under the provisions
of this Ordinance, all subsurface structures and appurte-
ORDINANCES 831
nances owned by any person, firm or corporation, other
than the Mayor and City Council of Baltimore, shall upon
notice from the Director of Public Works of Baltimore City,
be promptly removed by and at the expense of the said
owners.
Sec. 5. And be it further ordained, That on and after the
closing of said highway or highways, the said Mayor and
City Council of Baltimore, acting through its duly author-
ized representatives, shall, at all times, have access to said
property and to all subsurface structures and appurtenances
used by it therein, for the purposes of inspection, mainte-
nance, repair, alteration, relocation and/or replacement,
of any or all of said structures and appurtenances, and this
without permission from or compensation to the owner or
owners of said land.
Sec. 6. And be it further ordained, That the proceedings
of said Department of Public Works with reference to the
condemnation and closing of said Brentwood Avenue and
the proceedings and rights of all parties interested or
affected thereby, shall be regulated by, and be in accordance
with, any and all applicable provisions of Article 4 of the
Code of Public Local Laws of Maryland and the Charter of
Baltimore City (1964 Revision) as amended to July 1, 1973
and any and all amendments thereto, and any and all
other Acts of the General Assembly of Maryland, and any
and all ordinances of the Mayor and City Council of Balti-
more, and any and all rules or regulations in effect which
have been adopted by the Director of Public Works and
filed with the Department of Legislative Reference.
Sec. 7. And be it further ordained, That this Ordinance
shall take effect from the date of its passage.
Approved July 19, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
832 ORDINANCES Ord. No. 830
No. 830
(Council No. 1540)
An Ordinance authorizing the acquisition by purchase or
condemnation by the Mayor and City Council of Balti-
more of the fee simple interests or such other interests
as the Director of The Department of Public Works may
deem necessary or sufficient, in and to certain pieces or
parcels of land situate in Baltimore City, namely, (1)
for public highway purposes for the opening, widening,
grading, construction and maintenance of O'Donnell
Street, extending from a point 506 feet, more or less,
east of Iris Avenue, easterly, to a point 240 feet east of
Newkirk Street and authorizing the acquisition by pur-
chase or condemnation of any property, rights, interests,
easements and/or franchises necessary in the opening,
widening, grading, construction and maintenance of said
O'Donnell Street; and authorizing the making of all
necessary agreements concerning said O'Donnell Street;
and authorizing the construction of said O'Donnell Street
and (2) for right of way for Municipal Services and
Utilities through the properties of Crown Cork & Seal
Co. Inc. known as Nos. 4201/4401, 4623 O'Donnell Street
and S. Schapiro & Sons Inc. known as No. 4701 O'Donnell
Street and authorizing the acquisition by purchase or
condemnation of any property, rights, interests, ease-
ments and /or franchises necessary in the construction
and maintenance of said Municipal Services and Utilities ;
and authorizing the making of all necessary agreements
concerning said Municipal Services and Utilities; and
authorizing the construction of said Municipal Services
and Utilities; the location and course of said O'Donnell
Street and said right of way for Municipal Services and
Utilities being shown on plats thereof numbered 117-
A-20, 111-A-26A, 111-A-27A and 111-B-2A prepared by
the Surveys & Records Division and filed in the Office
of the Director of The Department of Public Works on
the First (1st) day of November, 1977, the Thirteenth
(13th) day of August, 1976 and the Twelfth (12th) day
of August, 1976.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That it is necessary to acquire by purchase
ORDINANCES 833
or condemnation, namely, (1) for public highway purposes
for the opening, widening, grading, construction and main-
tenance of O'Donnell Street, extending from a point 506
feet, more or less, east of Iris Avenue, easterly, to a point
240 feet east of Newkirk Street and (2) for right of way
for Municipal Services and utilities through the properties
of Crown Cork & Seal Co. Inc. known as Nos. 4201/4401,
4623 O'Donnell Street and S. Schapiro & Sons Inc. known
as No. 4701 O'Donnell Street the fee simple interests or
such other interests as the Director of The Department of
Public Works may deem necessary, in and to the pieces or
parcels of land, situate in Baltimore City, including the
improvements thereon, bounded as follows:
Portion of the property known as No. 4201/4401 O'Don-
nell Street, Beginning for the same at the point formed by
the intersection of the south side of O'Donnell Street, as
now laid out 102.5 feet wide, and the west side of the Balti-
more and Ohio Railroad right of way, as now laid out 60
feet wide, said point of beginning being the end of the
second line of the second parcel of land conveyed by Crown
Cork and Seal Company, Inc. to the Mayor and City Council
of Baltimore by deed dated October 6, 1953 and recorded
among the Land Records of Baltimore City in Liber M.L.P.
No. 9300 Folio 5 and running thence binding on the west
side of said Baltimore and Ohio Railroad right of way,
South 02°-52'-50" East 4.00 feet to intersect a line drawn
parallel with and distant 4.00 feet southerly, measured at
right angles from the south side of said O'Donnell Street ;
thence binding on said line so drawn and on the south side
of O'Donnell Street, 106.5 feet wide, South 87°-06'-50" West
212.00 feet to intersect a line drawn parallel with and
distant 212.00 feet westerly measured at right angles from
the first line of this description; thence binding reversely
on said line so drawn, North 02°-52'-50" West 4.00 feet to
intersect the south side of O'Donnell Street mentioned
firstly herein, and thence binding on the south side of
O'Donnell Street mentioned firstly herein, and reversely
on part of the third line of the second parcel of land de-
scribed in said deed, to the beginning thereof, there situate,
North 87°-06'-50" East 212.00 feet to the place of beginning.
Containing 848.00 square feet or 0.0195 acre of land,
more or less.
834 ORDINANCES Ord. No. 830
Portions of the property known as No. 4623 O'Donnell
Street, Beginning for Parcel No. 1 at the point formed by
the intersection of the south side of O'Donnell Street, as
now laid out 70 feet wide, and the west side of Newkirk
Street, as now laid out 60 feet wide, said point of beginning
being the beginning of the last line of the parcel of land
conveyed by Anna Tschirschky "etal" to Mayor and City
Council of Baltimore by deed dated October 24, 1953 and
recorded among the Land Records of Baltimore City in
Liber M.L.P. No. 9322 Folio 51 and running thence binding
on the west side of said Newkirk Street and reversely on
part of the last line of the first parcel of land conveyed by
Edward Studz and Wife to Crown Cork and Seal Company
Inc. by deed dated May 31, 1961 and recorded among the
said Land Records in Liber J.F.C. No. 1083 Folio 296,
there situate, as now surveyed, South 02°-52/-50" East
30.05 feet to intersect the southwest side of O'Donnell
Street, as realigned and widened varying in width ;
thence binding on the southwest side of last said O'Donnell
Street, by a line curving to the left with a radius of 44.00
feet the distance of 44.97 feet which arc is subtended by a
chord bearing North 63°-36'-14.5" West 43.04 feet to inter-
sect a line drawn parallel with and distant 9.00 feet
southerly, measured at right angles from the south side
of O'Donnell Street mentioned firstly herein; thence bind-
ing on said line so drawn and on the south side of O'Donnell
Street, 79 feet wide, South 87°-06'-50" West 273.77 feet to
the south side of O'Donnell Street, as realigned and widened
varying in width ; thence binding on the south side of last
said O'Donnell Street, South 84°-58'-49" West 127.72 feet
to a bend in the south side of O'Donnell Street, as now
laid out varying in width ; thence binding on the south side
of last said O'Donnell Street and reversely on the fourth
line of the third parcel of land conveyed by Crown Cork
and Seal Company, Inc. to the Mayor and City Council of
Baltimore by deed dated October 6, 1953 and recorded
among the said Land Records in Liber M.L.P. No. 9300
Folio 5, to the beginning thereof, there situate, North 76°-
24'-20" East 74.00 feet to the south side of O'Donnell Street
mentioned firstly herein, and thence binding in part re-
versely on the third line of the third parcel of land de-
scribed in last said deed, in part on the third line of the
parcel of land described in the deed mentioned firstly herein,
ORDINANCES 836
and in all, on the south side of O'Donnell Street mentioned
firstly herein, as now surveyed, North 87°-06'-50" East
366.24 feet to the place of beginning.
Containing 3,984.91 square feet or 0.0915 acre of land,
more or less.
Beginning for a Perpetual Easement, Parcel No. 2 at a
bend in the south side of O'Donnell Street, as now laid
out 102.5 feet wide, said point of beginning being the begin-
ning of the fifth line of the third parcel of land conveyed
by Crown Cork and Seal Company, Inc. to the Mayor and
City Council of Baltimore by deed dated October 6, 1953
and recorded among the Land Records of Baltimore City
in Liber M.L.P. No. 9300 Folio 5 and running thence bind-
ing on the south side of O'Donnell Street, as realigned and
widened varying in width, North 84°-58'-49" East 127.72
feet to the south side of O'Donnell Street, 79 feet wide;
thence binding on the south side of last said O'Donnell
Street, North 87°-06'-50" East 273.77 feet to the southwest
side of O'Donnell Street, as realigned and widened varying
in width;
thence binding on the southwest side of last said O'Donnell
Street, by a line curving to the right with a radius of 44.00
feet the distance of 43.73 feet which arc is subtended by a
chord bearing South 64°-24'-49.5" East 41.95 feet to inter-
sect a line drawn parallel with and distant 20.00 feet
southerly measured at right angles from the second line
of this description; thence binding reversely on said line
so drawn, South 87°-06'-50" West 318.33 feet to intersect
a line drawn parallel with and distant 318.99 feet westerly
measured at right angles from the west s4ie SIDE of New-
kirk Street, as now laid out 60 feet wide ; thence binding on
last said line so drawn, North 02°-52' 50" West 9.01 feet
to intersect a line drawn parallel with and distant 9.00
feet northerly measured at right angles from the fourth
line of this description; thence binding on last said line
so drawn, South 87°-06'-50" West 119.95 feet to intersect a
line drawn parallel with and distant 439.60 feet westerly
measured at right angles from the west side of said New-
kirk Street and thence binding on last said line so drawn,
North 02°-52'-50" West 6.24 feet to the place of beginning.
836 ORDINANCES Ord. No. 830
Containing 7,163.57 square feet or 0.1645 acre of land,
more or less.
Portions of the property known as No. 4701 O'Donnell
Street, Beginning for Parcel No. 1 at the point formed
by the intersection of the east side of Newkirk Street, as
now laid out 60 feet wide, and the south side of O'Donnell
Street, as now laid out 70 feet wide, said point of beginning
being the beginning of the parcel of land conveyed by
Crown Cork & Seal Co., Inc. to S. Schapiro & Sons, Inc.
by deed dated December 27, 1963 and recorded among the
Land Records of Baltimore City in Liber J.F.C. No. 1619
Folio 349 and running thence binding on the south side
of said O'Donnell Street and on the first line of said deed,
there situate, North 87°-06'-50" East 240.00 feet; thence
binding on part of the second line of said deed, as now
surveyed, South 02°-52'-50" East 9.00 feet to intersect a
line drawn parallel with and distant 9.00 feet southerly,
measured at right angles from the south side of said
O'Donnell Street;
thence binding on said line so drawn, and on the south
side of O'Donnell Street, 79 feet wide, South 87°-06'-50"
West 207.63 feet to the southeast side of O'Donnel Street,
as realigned and widened varying in width ; thence binding
on the southeast side of last said O'Donnell Street by a
line curving to the left with a radius of 34.00 feet the
distance of 42.85 feet which arc is subtended by a chord
bearing South 51°-00'-22.5" West 40.07 feet to intersect the
east side of said Newkirk Street and thence binding on the
east side of said Newkirk Street and on part of the last
line of said deed, to the end thereof, there situate, as now
surveyed, North 02°-52'-50" West 32.62 feet to the place
of beginning.
Containing 2,363.29 square feet or 0.0543 acre of land,
more or less.
Beginning for a Perpetual Easement, Parcel No. 2 at
the point formed by the intersection of the southeast side
of O'Donnell Street, as realigned and widened varying in
width, and a line drawn parallel with and distant 20.00
feet southerly, measured at right angles from the south
side of O'Donnell Street, 79 feet wide and running thence
binding on the southeast side of said O'Donnell Street, as
ORDINANCES 837
realigned and widened varying in width, by a line curving
to the right with a radius of 34.00 feet the distance of 38.98
feet which arc is subtended by a chord bearing North 54°-
16'-17" East 36.88 feet to the south side of said O'Donnell
Street, 79 feet wide ;
thence binding on the south side of said O'Donnell Street,
79 feet wide, North 87°-06'-50" East 207.63 feet to intersect
the second line of the parcel of land conveyed by Crown
Cork & Seal Co. Inc. to S. Schapiro & Sons, Inc. by deed
dated December 27, 1963 and recorded among the Land
Records of Baltimore City in Liber J.F.C. No. 1619 Folio
349 ; thence binding on part of the second line of said deed,
as now surveyed, South 02°-52'-50" East 20.00 feet to inter-
sect the aforesaid line so drawn and thence binding on said
line so drawn, South 87°-06,-50" West 238.61 feet to the
place of beginning.
Containing 4,598.22 square feet or 0.1056 acre of land,
more or less.
Portions of the property known as No. 4201/4401 O'Don-
nell Street for the Right of Way for Municipal Services
and Utilities, Beginning for Parcel No. 1 at a point on the
west outline of the Baltimore and Ohio Railroad right of
way having the coordinates of East 16266.64 and South
6849.34 based upon the Baltimore Survey Control System
and running thence binding on a line drawn at a right
angle to the west outline of said Baltimore and Ohio Rail-
road right of way, South 87°-07'-10" West 20.00 feet;
thence binding on a line drawn parallel with and distant
20.00 feet westerly, from the west outline of said Baltimore
and Ohio Railroad right of way, North 02°-52,-50" West
540.18 feet;
thence binding on a line drawn at a right angle to the west
outline of said Baltimore and Ohio Railroad right of way,
South 87°-07'-10" West 5.00 feet; thence binding on a line
drawn parallel with and distant 25.00 feet westerly from
the west outline of said Baltimore and Ohio Railroad right
of way, North 02°-52'-50" West 176.00 feet to intersect the
south side of O'Donnell Street, 106.5 feet wide; thence
binding on the south side of said O'Donnell Street, North
87°-06'50" East 25.00 feet to the west outline of said
Baltimore and Ohio Railroad right of way and thence
binding on the west outline of said Baltimore and Ohio
838 ORDINANCES Ord. No. 830
Railroad right of way, South 02°-52'-50" East 716.18 feet
to the place of beginning.
Containing 15,201.11 square feet or 0.3490 acre of land,
more or less.
Beginning for Parcel No. 3 at a point on the north side
of Boston Street, as now laid out 70 feet wide, distant
South 87°-13,-41t" West 972.48 feet measured along the
north side of said Boston Street from the west side of
Newkirk Street, as now laid out 60 feet wide, and running
thence for new lines of division through the property now
or formerly owned by Crown Cork and Seal Co. Inc. the
seven following courses and distances; namely, North 48°-
13'-41" East 143.01 feet, North 87°-13'-41" East 102.07
feet, North 45°-ll'-10" East 101.91 feet, by a line curving
to the left with a radius of 403.27 feet the distance of
338.31 feet which arc is subtended by a chord bearing
North 21°-ll'-05" East 328.48 feet, North 87°-07,-10" East
0.53 feet, North 02°-52'-50" West 2.00 feet, and North 87°-
07'-10" East 20.00 feet, to the west outline of the Baltimore
and Ohio Railroad right of way; thence binding on the
west outline of said Baltimore and Ohio Railroad right of
way, South 02°-52'-50" East 2.00 feet; thence for new
lines of division through the property now or formerly
owned by Crown Cork and Seal Co. Inc., the four following
courses and distances;
namely, South 87°-07'-10" W^est 0.53 feet, by a line curving
to the right with a radius of 423.27 feet the distance of
355.09 feet which arc is subtended by a chord bearing
South 21°-ll'-00" West 344.77 feet, South 45°-ll'-10" West
79.73 feet and North 87°-13'-41" East 61.40 feet to the
northwest outline of the Baltimore and Ohio Railroad
right of way; thence binding on the northwest outline of
said Baltimore and Ohio Railroad right of way, by a line
curving to the right with a radius of 474.06 feet the dis-
tance of 29.64 feet which arc is subtended by a chord bear-
ing South 44°-46'-42" West 29.63 feet; thence for new lines
of division through the property now or formerly owned
by Crown Cork and Seal Co. Inc., the two following courses
and distances; namely, South 87°-13'-41" West 164.39 feet
and South 48°-13'-41" West 111.23 feet to the north side
of said Boston Street and thence binding on the north side
ORDINANCES 839
of said Boston Street, South 87°-13'-41" West 31.78 feet to
the place of beginning.
Containing 14,912.97 square feet or 0.3424 acre of land,
more or less.
Portion of the property known as No. 4623 O'Donnell
Street, for the Right of Way for Municipal Services and
Utilities, Beginning for Parcel No. 4 at a point having
the coordinates of East 16376.55 and South 7214.00 based
upon the Baltimore Survey Control System and running
thence for new lines of division through the property now
or formerly owned by Crown Cork and Seal Co. Inc., the
two following courses and distances; namely, South 02°-
46'-19" East 20.00 feet and South 87°-13,-41" West 180.00
feet to the southeast outline of the Baltimore and Ohio
Railroad right of way; thence binding on the southeast
outline of said Baltimore and Ohio Railroad right of way,
by a line curving to the left with a radius of 524.06 feet
the distance of 26.86 feet which arc is subtended by a chord
bearing North 39°-05,-36" East 26.85 feet and thence for
another new line of division through the property now or
formerly owned by Crown Cork and Seal Co. Inc., North
87°-13'-41" East 162.08 feet to the place of beginning.
Containing 3,417.77 square feet or 0.0785 acre of land,
more or less.
All courses and distances in the above descriptions are
referred to the true meridian as adopted by the Baltimore
Survey Control System.
Including all property, rights, interests, easements and/
or franchises necessary in the opening, widening, grading,
construction and maintenance of said O'Donnell Street and
said right of way for Municipal Services and Utilities, the
location and course of said O'Donnell Street and said right
of way for Municipal Services and Utilities being shown
on plats thereof numbered 117-A-20, 111-A-26A, 111-A-27A
and 111-B-2A, prepared by the Surveys and Records Di-
vision and filed in the office of The Director of The Depart-
ment of Public Works on the First (1st) day of November,
1977, the Thirteenth (13th) day of August, 1976 and the
Twelfth (12th) day of August, 1976.
840 ORDINANCES Ord. No. 830
Any mention or reference to any streets, roads, avenues,
highways or alleys in this Ordinance or on the plats referred
to herein are for the purpose of description only, and
shall not be held or taken to be any evidence whatever that
said streets, roads, avenues, highways, alleys or any of
them, are public, dedicated or private thoroughfares.
Sec. 2. And be it further ordained, That the Director of
The Department of Public Works or the person or persons
the Board of Estimates of Baltimore City may hereafter
from time to time designated, DESIGNATE, is or are
hereby authorized to acquire on behalf of the Mayor and
City Council of Baltimore, and for the purposes described
in this Ordinance, the fee simple interests or such other in-
terests as the said Director may deem necessary or suffi-
cient, in and to said pieces or parcels of land and improve-
ments thereupon, including all property, rights, interests,
easements and/or franchises necessaiy in the opening,
widening, grading, construction and maintenance of said
O'Donnell Street and said right of way for Municipal Serv-
ices and Utilities.
If the said Director of the Department of Public Works,
or person or persons the Board of Estimates of Baltimore
City may designate are unable to agree with the owner or
owners on the purchase price of any of the said pieces or
parcels of land and improvements thereupon or for any
of the said properties, rights, interests, easements and/or
franchises, they shall forthwith notify the City Solicitor
of Baltimore City who shall thereupon institute in the name
of the Mayor and City Council of Baltimore the necessary
legal proceedings to acquire by condemnation the fee simple
interests or such other rights, interests, easements and/or
franchises as the said Director may deem necessary or
sufficient for the purposes of said O'Donnell Street and
said right of way for Municipal Services and Utilities.
Sec. 3. And be it further ordained, That the proceedings
for the acquisition by condemnation of the property and
rights herein described and the rights of all parties in-
terested or affected thereby shall be regulated by and be in
accordance with the provisions of The Real Property Article
ORDINANCES 841
of the Annotated Code of Maryland (1974), Title 12, Section
101 Et Seq. and any and all amendments thereto.
Sec. 4. And be it further ordained, That the said Director
of The Department of Public Works or person or persons
the Board of Estimates of Baltimore City may designate
are also hereby authorized to negotiate for and to enter
into in the name of the Mayor and City Council of Balti-
more, any and all necessary agreements with the federal
and state Governments, or any of their agencies, and any
other persons, firms or corporations, in aid of, in furtherance
of, or in connection with said O'Donnell Street and said
right of way for Municipal Services and Utilities ; all such
acquisitions and agreements to be subject to the approval
of the Board of Estimates.
Sec. 5. And be it further ordained, That after the neces-
sary agreements have been made and the necessary prop-
erties, lands, rights, easements and/or franchises have been
acquired as hereinbefore provided, the Director of The
Department of Public Works of Baltimore City is hereby
authorized and directed to construct or cause to be con-
structed the said O'Donnell Street and said right of way
for Municipal Services and Utilities, all in accordance with
detailed plans hereafter to be prepared therefore and
after said plans have been approved by the said Director
of the Department of Public Works.
Sec. 6. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved July 19, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 831
(Council No. 1565)
An Ordinance designating as a "Renewal Area" an area
situate in Baltimore City, Maryland, known as Franklin
842 ORDINANCES Ord. No. 831
Square, bounded by Mulberry Street on the north, Carey
Street on the east, Monroe Street on the west, and Booth
Street on the south ; approving a Renewal Plan for Frank-
lin Square; authorizing the acquisition by purchase or
by condemnation by the Mayor and City Council of
Baltimore for urban renewal purposes of the fee simple
interest or any lesser interest in and to certain prop-
erties within Franklin Square; providing for review by
the Department of Housing and Community Develop-
ment of all plans for new construction, exterior reha-
bilitation, or change in use within Franklin Square;
establishing procedures for the issuance and denial of
demolition permits; providing that in selling land in
the Franklin Square area the Department of Housing
and Community Development shall require that devel-
opers agree in writing not to discriminate in the sale,
lease, use or occupancy of the property developed by
them against any person because of race, religion, na-
tional origin, sex or color; waiving such requirements,
if any, as to content or procedure for the preparation,
adoption and approval of renewal plans as set forth in
Ordinance No. 152, approved June 28, 1968, as amended
by Ordinance No. 325, approved May 31, 1977, which the
Renewal Plan for Franklin Square may not meet; es-
tablishing standards applicable to property rehabilita-
tion and providing penalties for violating these stand-
ards ; providing for the separability of the various parts
and applications of this ordinance ; providing that where
the provisions of this ordinance shall conflict with any
other ordinance, code or regulation, the provision which
establishes the higher standard shall prevail; and pro-
viding for the effective date hereof.
Whereas, the basic goal of the City of Baltimore for
Franklin Square is to achieve a strong residential neighbor-
hood, including supporting commercial and public facilities ;
and
Whereas, in accordance with the provisions of Ordinance
No. 152, approved June 28, 1968, as amended by Ordinance
No. 325, approved May 31, 1977, the Franklin Square area
has been found to be in need of undertakings and activities
for the elimination, the correction, or the prevention of the
ORDINANCES 843
development or the spread of slums, blight, or deterioration ;
and
Whereas, a portion of Franklin Square lies within the
"Fremont-Monroe Urban Renewal Area" as designated by
Ordinance No. 514, approved June 27, 1969 ; however, it is
necessary to include the entire Franklin Square area within
the boundaries of an approved "Renewal Area" in accord-
ance with the provisions of Article 13 of the Baltimore
City Code (1966 Edition) as amended by Ordinance No.
152, approved June 28, 1968 and Ordinance No. 325, ap-
proved May 31, 1977; and
Whereas, THE COMMISSIONER OF THE DEPART-
MENT OF HOUSING AND COMMUNITY DEVELOP-
MENT, AFTER CONSULTATION WITH the Director of
the Department of Planning, acting pursuant to powers
vested by Section 23(a) of Article 13 of the Baltimore City
Code (1966 Edition) as amended by Ordinance No. 152, ap-
proved June 28, 1968 and Ordinance No. 325, approved May
31, 1977, has heretofore determined that the entire Franklin
Square area, as hereinbelow more particularly described,
may be benefited through the exercise of those functions
and powers of the City of Baltimore which are vested in
the Department of Housing and Community Development
by Ordinance No. 152, approved June 28, 1968, and Ordi-
nance No. 325, approved May 31, 1977, and has recom-
mended to the City Council that an ordinance be passed to
designate the entire Franklin Square area as a ''Renewal
Area"; and
Whereas, under Ordinance No. 152, approved June 28,
1968, and Ordinance No. 325, approved May 31, 1977, the
Department of Housing and Community Development is
authorized to prepare and administer Renewal Plans in
renewal areas; and
Whereas, the Department of Housing and Community
Development has prepared a Renewal Plan for Franklin
Square, consisting of a cover page, a table of contents,
twenty-three (23) pages of text, and four (4) exhibits;
and
Whereas, the Renewal Plan for Franklin Square was
approved by the Director of the Department of Planning
844 ORDINANCES Ord. No. 831
on February 8, 1978 with respect to its conformity as to
the Master Plan; the detailed location of any public im-
provements proposed in the Renewal Plan; its conformity
to the rules and regulations for subdivisions; and its con-
formity to existing zoning classifications ; and the Renewal
Plan was approved and recommended to the Mayor and
City Council of Baltimore by the Commissioner of the
Department of Housing and Community Development on
March 28, 1978; now, therefore,
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That it is hereby found and determined that
the area known as Franklin Square, as hereinbelow more
particularly described, may be benefited through the exer-
cise of the functions and powers vested in the Department
of Housing and Community Development:
Beginning for the same at the intersection of the west
side of X. Monroe Street and the south side of Mulberry
Street; thence from said point of beginning and binding
on the south side of Mulberry Street easterly to intersect
the west side of N. Carey Street; thence binding on the
west side of Carey Street southerly to intersect the south
side of Booth Street; thence binding on the south side of
Booth Street westerly to intersect the west side of S. Gilmor
Street;
thence binding on the west side of S. Gilmor Street north-
erly to intersect the southern property line of Lot 30, Block
212, Section 7, Ward 19 ; thence binding on said property
line westerly to intersect the east side of the first 2'6"
alley ; thence binding on the east side of said alley southerly
to intersect the south side of the first 10' alley; thence
binding on the south side of said alley westerly to intersect
the west side of S. Vincent Street; thence binding on the
west side of S. Vincent Street northerly to intersect the
south side of the first 4' alley ;
thence binding on the south side of said alley and the
northern property lines of Lots 12 through 16, Block 212,
Section 7, Ward 19 generally westerly and southerly to
intersect the east side of S. Mount Street; thence binding
on the east side of S. Mount Street northerly to intersect
the south side of Frederick Avenue ; thence binding on the
south side of Frederick Avenue southwesterly to intersect
ORDINANCES 845
the west side of S. Fulton Avenue; thence binding on the
west side of S. Fulton Avenue northerly to intersect the
south side of Booth Street; thence binding on the south
side of Booth Street westerly to intersect the west side of
S. Monroe Street; thence binding on the west side of
Monroe Street northerly to the point of beginning.
Sec. 4t 2. And be it further ordained, That it is necessary
to acquire by purchase or by condemnation, for urban
renewal purposes, the fee simple interest or any lesser
interest in and to certain properties or portions thereof,
together with all right, title, interest, and estate that the
owner or owners of said property interests may have in
all streets, alleys, ways or lanes, public or private, both
abutting the whole area described and/or contained within
the perimeter of said area, situate in Baltimore City,
Maryland, and described as follows:
1518-32 W. BALTIMORE STREET
208 N. Carey Street
210 N. Carey Street
216 N. Carey Street
1500 W. Fayette Street
1501 W. Fayette Street
1502 W. Fayette Street
1503 W. Fayette Street
1504 W. Fayette Street
1505 W. Fayette Street
1506 W. Fayette Street
1507 W. Fayette Street
1508 W. Fayette Street
1509 W. Fayette Street
1510 W. Fayette Street
1514 W. Fayette Street
1518 W. Fayette Street
1519 W. Fayette Street
1520 W. Fayette Street
1521 W. Fayette Street
1522 W. Fayette Street
1523 W. Fayette Street
1524 W. Fayette Street
1526 W. Fayette Street
&46 ORDINANCES Ord. No. 831
1529 W. Fayette Street
1530 W. Favette Street
1531 W. Fayette Street
1533 W. Fayette Street
1535 W. Fayette Street
1300 W. Lexington Street
1302 W. Lexington Street
1312 W. Lexington Street
1316 W. Lexington Street
1318 W. Lexington Street
1320-22 W. Lexington Street
1324 W. Lexington Street
Sec. &t 3. And be it further ordained, That it may be nec-
essary to acquire by purchase or by condemnation for
urban renewal purposes the fee simple interest or any
lesser interest in and to such of the remaining properties
or portions thereof in Franklin Square not specifically des-
ignated for acquisition in Section 4 2 of this ordinance, as
may be deemed necessary and proper by the Commissioner
of the Department of Housing and Community Develop-
ment to effect the proper implementation of the project.
These properties may include:
(a) any property in the project area containing a non-
salvable structure, i.e., a structure which in the opinion
of the Commissioner of the Department of Housing and
Community Development cannot be economically rehabil-
itated.
(b) any property the owner of which is unable or un-
willing to comply or conform to the codes and ordinances
of Baltimore City within 12 months from the date of
written notice of the required improvements, the Depart-
ment of Housing and Community Development, after due
consideration that the property owner has failed to achieve
substantial conformity with the codes and ordinances of
Baltimore City, may acquire such property pursuant to the
Eminent Domain Law of this State as if the property
had originally been planned for acquisition after 90 days
written notice to the owner. The Department of Housing
and Community Development reserves the right to acquire
any such non-complying property for a period of two (2)
ORDINANCES 847
years from the date of said written 90 days notice by
the Department of Housing and Community Development.
Sec. £t 4. And be it further ordained, That it may be nec-
essary to acquire by purchase or by condemnation for
urban renewal purposes the fee simple interest or any
lesser interest, in and to such of the remaining properties
or portions thereof in Franklin Square not designated for
acquisition in addition to those properties enumerated in
Sections 4 an4 £ 2 AND 3 of this ordinance, in order to
carry out rehabilitation by the Department of Housing and
Community Development because:
(a) it is necessary to make residential structures avail-
able for use for low- and moderate-income families; or
(b) rehabilitation on a structure-by-structure basis is
infeasible, and assemblage of a group of properties is
required to carry out the objectives set forth in the renewal
plan; or
(c) rehabilitation of individual, scattered properties is
necessary in order to remove blighting influences from
otherwise sound residential blocks.
Sec. £t 5. And be it further ordamed, That upon acquisi-
tion of the properties mentioned in Sections 5 as4 £ 3 AND
4 of this ordinance, the Department of Housing and Com-
munity Development will either:
(a) demolish the structure or structures thereon and
dispose of the land for redevelopment for uses in accord-
ance with the renewal plan; or
(b) sell or lease the property subject to rehabilitation
in conformance with the codes and ordinances of Baltimore
City; or
(c) rehabilitate the property in conformance with the
codes and ordinances of Baltimore City and dispose of the
property in accordance with the applicable regulations. If
sale cannot be consummated by the time rehabilitation is
accomplished, property may be rented pending continuing
sale efforts.
848 ORDINANCES Ord. No. 831
Sec. St 6. And be it further ordained, That the Real Estate
Acquisition Division of the Department of the Comptroller,
or such persons and in such manner as the Board of Esti-
mates, in the exercise of the power vested in it by Article
V, Section 5, of the Baltimore City Charter, may hereafter
from time to time designate, is or are authorized to acquire
on behalf of the Mayor and City Council of Baltimore and
for the purposes described in this ordinance the fee simple
interest or any lesser interest in and to the properties or
portions thereof hereinabove mentioned. If the Real Estate
Acquisition Division of the Department of the Comptroller,
or such person or persons and in such manner as the Board
of Estimates, in the exercise of the power vested in it by
Article V, Section 5, of the Baltimore City Charter, may
hereafter from time to time designate, is or are unable
to agree with the owner or owners on the purchase price
for said properties or portions thereof, it or they shall
forthwith notify the City Solicitor of Baltimore City, who
shall thereupon institute in the name of the Mayor and
City Council of Baltimore the necessary legal proceedings
to acquire by condemnation the fee simple interest or any
lesser interest in and to said properties or portions thereof.
Sec. &t 7. And be it further ordained, That all plans for
new construction (including parking lots), exterior re-
habilitation or change in use of any property not to be
acquired under the provisions of the renewal plan shall be
submitted to the Department of Housing and Community
Development for review. Only upon finding that the pro-
posed plans are consistent with the objectives of the urban
renewal plan shall the Commissioner of the Department of
Housing and Community Development authorize the pro-
cessing of the plans for issuance of a building permit. The
provisions of this section are in addition to and not in lieu
of all other applicable laws and ordinances relating to new
construction.
Sec. 4£t 8. And be it further ordained, That all applica-
tions for demolition permits shall be submitted to the Depart-
ment of Housing and Community Development for review
and approval. Upon finding that the proposed demolition is
consistent with the objectives of the urban renewal plan,
ORDINANCES 849
the Commissioner of the Department of Housing and Com-
munity Development shall authorize the issuance of the
necessary permit. If the Commissioner finds that the pro-
posal is inconsistent with the objectives of the urban re-
newal plan and therefore denies the issuance of the permit,
he shall seek approval of the Board of Estimates to acquire
for and on behalf of the Mayor and City Council of Balti-
more the property, in whole or in part, on which said dem-
olition was to have occurred by purchase, lease, condemna-
tion, gift or other legal means for the renovation, reha-
bilitation and disposition thereof. In the event that the
Board of Estimates does not authorize the acquisition, the
Commissioner shall without delay, issue the demolition
permit.
Sec. 44t 9. And be it further ordained, That in selling or
otherwise disposing of property in the Franklin Square
area, the Department of Housing and Community Develop-
ment shall require that the developer agree in writing not
to discriminate in the sale, lease, use or occupancy of the
property developed by them against any person because
of race, religion, national origin, sex or color.
Sec. 42t 10. And be it further ordained, That over and
above the codes and ordinances of the City of Baltimore, the
following additional standards shall be applied to all non-
residential properties within the project area, whether
occupied or vacant, and the Commissioner of the Depart-
ment of Housing and Community Development shall not
approve any permits which are not consistent with these
standards :
Non-Residential Rehabilitation Standards
(1) Roofs
(a) General Provisions
i. All roof-mounted signs and unused roof hardware
shall be removed.
ii. Rooftop mechanical equipment shall be located far
enough back from the edge of the roof so that it cannot be
seen from the sidewalk across the street, either in front
of or to one side of the building. Functional equipment
850 ORDINANCES Ord. No. 831
may be retained until major repair or replacement of the
equipment becomes necessary, at which time it shall be
removed from view. All mechanical equipment shall be
painted with a flat paint in a color compatible with the
color of the front of the building upon which it rests.
Equipment, such as water towers with redwood slats, which
would have their operation impaired by the addition of
paint and which are of acceptable visual quality, shall be
permitted.
iii. All chimneys, elevator penthouses or other auxiliary
structures on the roofs shall be clean and in good repair.
All deteriorated masonry chimneys shall be either removed
or restored. All future metal chimneys shall be located
so that they cannot be seen from the sidewalk across the
streets either in front of, or to one side of, the building.
iv. Flashing visible from the sidewalk must be neat
and free of pitch. Visible flashing shall be painted to
match the surface of wall above it.
v. All gutters and rain water leaders must be in good
condition. Copper half-round gutters shall be used on the
front or side of a building and may be exposed. Painted
metal, vinyl or stainless steel gutters and rain water leaders
may be used at the rear of the building.
(b) For pitched roof visible from the sidewalk across
the street either in front of, or to one side of a building
the following additional roof requirements shall apply:
i. The finished roofing material shall be clean and in
good state of repair.
ii. The finished roofing material shall be limited to one
of the following:
terne metal
standing seam, painted sheet metal roofing
shingle or tile
slate
iii. The finished roofing material shall have a color com-
patible with the building color scheme.
ORDINANCES 851
iv. Dormers shall be compatible with the design of the
buildings street facade. The finish materials and colors
shall be harmonious with both the roof and facade of the
buildings.
v. Skylights shall be of low profile and all metal parts
shall match the roofing material. Skylights shall be kept
to the rear of the ridge of the roof.
(2) Exterior Walls
(a) All of the exterior walls of all structures located
in the project area and used entirely or in part for com-
mercial purposes shall be included in this requirement.
(b) All miscellaneous elements on the exterior walls
of the structures such as empty electrical boxes, conduits,
pipes, unused sign brackets, etc., shall be removed.
(c) All brick walls shall be cleaned, repaired, and re-
pointed as required. Brick walls shall be either preserved
in their natural color or painted a color compatible with
the colors of neighboring structures.
(d) All natural stone walls SHALL be cleaned, re-
paired, and pointed.
(e) All stucco surfaces shall be cleaned and repaired.
New stucco surfaces shall have a sand texture. All stucco
surfaces shall be in a color compatible with the colors of
the neighboring structures.
(f) No new formstone finishes shall be permitted. All
defective formstone finishes shall be removed and the brick
walls behind them restored. Walls now covered with form-
stone that is not defective shall be permitted for five yearsr
FROM THE DATE OF ENACTMENT OF THE ORDI-
NANCE APPROVING THIS RENEWAL PLAN.
(g) All rotten, broken or deteriorated wood siding shall
be replaced. Existing material in sound condition and per-
missible under the Baltimore City Building Code shall be
cleaned, stripped, and painted. All wood siding shall be
designed to be compatible with the design of the building
and the neighborhood.
(h) Existing metal siding which is undamaged, struc-
turally sound, and permissible under the Baltimore City
852 ORDINANCES Ord. No. 831
Building Code may be retained. All other metal siding
shall be removed and replaced with a permissible material
compatible with the design of the building and the neigh-
borhood. All metal siding that remains shall be kept clean,
in a good state of repair, and in a color compatible with
the colors of the neighboring structures.
(3) Architectural Details
(a) Cornices — Where cornices exist, they shall be re-
stored to their original design. The removal of cornice
work, without prompt replacement of similar design, will
not be permitted. Where cornices have been removed dur-
ing previous renovation work, new cornices shall be in-
stalled. New cornices shall be compatible with the design
of the building.
(b) Windows — All of the windows in a single facade
shall be of matching design. All window openings shall
have the same height and width they did at the time that
the wall in which the openings are located was originally
built. Filling in these openings at the top, bottom or sides
is not permitted. The following additional requirements
shall apply for all new windows :
i. All windows shall have wood frames, sash and mul-
lions or appearance of the same. Vinyl clad wood or metal
or other weather resistant materials may be used provided
that they are kept painted or have an acceptable integral
color.
ii. All windows shall be kept in good repair and properly
painted.
iii. Ornamental window grills GRILLES and balconetts
BALCONETTES may be incorporated as a decorative or
security device.
iv. The lintels over windows shall be preserved or
restored. Rotten wood lintels shall be replaced with con-
cealed steel lintels. Brick archwork and stone lintels shall
be restored.
v. Window sills shall be preserved, replaced and re-
stored to match the original design of the building.
ORDINANCES 853
vi. Boarding-up or filling-in windows on the front fa-
cades of occupied properties is not permitted.
vii. Windows facing alleys, yards, or side streets may
be fillcd-in FILLED IN provided that the finished appear-
ance is of windows behind closed shutters. The shutters
shall be compatible with the design of the building and of
the neighboring structures.
(c) Doomvays and Entrances — In cases where there are
doorways to buildings that are not incorporated in the
storefront, the character of the original doorway shall be
preserved. Where possible, the original style of these door-
ways, including solid, panelled, wood doors, wood frames,
brick or stone sills, transoms, and glazed sidelights, shall
be incorporated into the design of the remodelled REMOD-
ELED shopfront. The following additional requirements
shall apply to all doorways and entrances :
i. Storm and screen doors shall be compatible with en-
trance doors.
ii. Hardware visable from the outside shall be in char-
acter with the original hardware. Closers, hasps, and locks,
mounted on the exterior surface of doors, are not permitted.
iii. Any grills, GRILLES, bars and grates covering
doors or windows shall be designed to be compatible with
the design of the building and of the neighboring structures.
iv. Doorways shall be designed with consideration for
the needs of the handicapped and the elderly.
v. Where steps or stoops are required at a doorway or
entrance they shall be designed to match the original de-
sign. In cases where there are more than two risers, the
steps or stoops shall be provided with a railing of com-
patible design.
(d) Shop fronts — The following requirements shall be
applied to all shopfronts:
i. All extraneous and unused hardware, signing and
equipment shall be removed.
ii. All broken, rotten or damaged elements shall be re-
moved and replaced with elements that are harmonious
with the design of the building and with the neighborhood.
854 ORDINANCES Ord. No. 831
iii. "Cararra Glass" and ribbed or patterned metal are
not permitted as acceptable replacement materials for
shopfronts.
iv. At such time as sign panels covering or replacing
shop cornices are removed or deemed to need replacement
they shall be taken down and the cornice restored.
v. New storefronts that project beyond the original
front lines of the stores are not permitted.
vi. Awnings are permitted provided that they are con-
structed of soft, flame retardant material and are able to
be retracted to the face of the building when not in use.
The awnings and the housing into which they are retracted
shall be designed to be compatible with the design of the
building and with the neighborhood.
vii. Grates, bars, and grills GRILLES shall be designed
so as to be inconspicuous as possible. They shall be kept
painted and free of rust. In all cases they shall be kept open
during the normal daylight business hours of the commu-
nity. Non-metal grills GRILLES and screens shall be pro-
hibited. Enclosures and housings for security grills
GRILLES and screens shall be as inconspicuous as possible
and shall be compatible with the design of the shopfront.
viii. Solid or permanently enclosed or covered shop-
fronts shall not be permitted. Where the window treatment
of the first floor is to be modified, such that the window
openings will be made smaller, these new openings will
not be smaller in size than the openings of the second or
third floor windows of the subject structure. These new
windows shall be chosen to be in character with the upper
windows in the structure.
ix. All elements of the fronts of shops shall be har-
monious and of integral design. The practice of "patching"
or layering materials one on top of the other is not per-
mitted. Damaged parts shall be replaced so as to be un-
detectable as a replacement part.
x. Stoops, recessed entrances and doorways shall be
designed where possible to eliminate steps and thresholds
that may prove difficult for the handicapped or the elderly.
ORDINANCES 855
(e) Signs and Exterior Lighting — The following re-
quirements shall be applied to all shopf ronts :
i. No EXCEPT FOR BILLBOARDS, NO signs other
than those identifying the property where they are installed
or identifying the business conducted within shall be per-
mitted* Advertising AND ADVERTISING by material
or product manufacturers shall not be permitted except
as the primary identification of the establishment.
ii. Rooftop signs, above the parapet of the building,
billboards or outdoor advertising signs painted or mounted
^ the buildings EXCEPT FOR BILLBOARDS shall not be
permitted.
iii. Flashing or moving signs shall not be permitted.
ivr No lease for billboard signs expiring after the date
of onactmont of this Plan may be renewed*
¥r All non-conforming signs o» building fronts shall
fee removod at the time rehabilitation work is undertaken ■
All other signs must fee removod within twelve months
after the passage of the ordinance approving this Plan*
IV. EXCEPT FOR BILLBOARDS, ALL NON-CON-
FORMING SIGNS ON BUILDING FRONTS SHALL BE
REMOVED AT THE TIME REHABILITATION WORK
IS UNDERTAKEN, AND ALL NON-CONFORMING
SIGNS OTHER THAN ON BUILDING FRONTS SHALL
BE REMOVED WITHIN TWELVE (12) MONTHS
AFTER THE PASSAGE OF THE ORDINANCE AP-
PROVING THIS PLAN.
v-ir V. When the rehabilitation work is undertaken on
building fronts, all new flat signs will be erected parallel
to the face of building and shall be incorporated in the
design of the shopfront. If the shopfront design includes
a cornice, the sign shall be incorporated in the cornice de-
sign or shall be placed in the shop window. If a shopfront
cornice is not used, the sign shall be placed either in the
shop window or on the portion of the building facade
above the shop window and below the sill of the second
floor windows.
v4ir VI. Signs may be printed on the inside surface of the
shopf ronts but must be designed to be compatible with the
856 ORDINANCES Ord. No. 831
design of the entire facade. Signs painted on the facade
or on the inside glass should be limited to lettering no
greater than 6" in height. When these signs are the only
identifying sign for the property, they can use 12" letter-
ing. These signs shall not exceed 20% of the area of the
shopfront window.
viiir VII. Signs may be a maximum of 36" high and project
not more than 12" from the outside face of the exterior
wall. All signs shall be designed to be harmonious with
the design of the building facade and the neighboring
structures.
ixr VIII. Sign lettering shall be constructed of materials
compatible with the character of the building.
Xt IX. No future signs will be permitted to be mounted at
right angles to the face of the buildings.
xir X. Secondary signs shall be permitted for the identi-
fication of commercial tenants occupying the upper floors
of a building. Such signs shall not project more than one
inch beyond the face of the building and shall not be
greater than three square feet in size. These signs shall
be designed to be harmonious with the facade of the
building and shall be placed no higher than the sill of the
second story window.
xiir XI. Signs may be incorporated in the design of any
awning included in the design of a shopfront provided such
signs are compatible with both the design of the building
and the awning.
xiiir XII. Exterior lighting shall be limited to lighting fix-
tures designed to be in harmony with the character of the
buildings and the street. Such fixtures shall be mounted
in the entrance ways and on the front facade of the build-
ing. Flood lighting concealed above a shopfront cornice
may be used to light the facades of THE building. Lighting
of the shops will be encouraged during the evening hours at
times agreed upon by the Merchants' Association.
xivr XIII. Lighting of the facades of the buildings may be
accomplished with projecting fixtures at the roof line or
at the shopfront cornice line. Such fixtures shall be in-
conspicuous, harmonious with the design of the building
and project no more than 24" from the face of the building.
ORDINANCES 857
xvr XIV. "Temporary signs" may be displayed within
shopfront windows provided that these signs are not larger
than one-third the square foot area of the window in which
they are displayed and are on display not more than thirty
consecutive days.
xv4t XV. No private sign shall be permitted except as al-
lowed in these guidelines or as otherwise authorized by the
Department of Housing and Community Development.
xviL XVI. Electrical elements such as wires, conduits,
junction boxes, transformers, ballasts, switches, and panel
boxes shall be concealed from view.
(f ) Color Schemes — All colors and color schemes used
in the project area shall be harmonious with the designs of
the buildings in the neighborhood.
(g) Auxiliary Structures — Structures at the rears of
buildings attached or unattached to the principal commercial
structure which are found by the Commissioner of the De-
partment of Housing and Community Development to be
structurally deficient, shall be properly repaired or de-
molished.
(h) Rear Yards — Where a rear yard exists or is created
through the demolition of structures, the owner shall con-
dition the open area in one of the following ways as out-
lined below. The owner shall submit his proposal for use
of space to the Commissioner of the Department of Housing
and Community Development for approval.
i. Enclosure of Yards
A rear yard shall be enclosed along the side and rear
property lines by a masonry wall at least five feet six
inches in height consistent and harmonious with the rear
walls of the building and solid doors or solid gates for
access and delivery SHALL BE PROVIDED to the extent
necessary. Use of barbed wire or broken glass on top of
walls shall not be permitted.
ii. Provisions of Parking Area
An unenclosed rear yard may be used as a parking or
loading area providing that it is properly paved, illumi-
858 ORDINANCES Ord. No. 831
nated, and maintained. A sign not exceeding six (6) square
feet may be used to identify and control parking and
loading. Merchants shall be responsible for the maintenance
of parking areaS in a neat and clean manner. No storage
of trash containers shall be allowed in this area except
when housed in permanent structures of acceptable design.
The parking area may terminate at the rear of the building,
or at an enclosed rear yard conforming with the provisions
of (h)(i) above.
(i) Refuse Storage
All outdoor refuse storage areas shall be screened from
the view of adjacent properties and public rights-of-way.
Screening shall consist of a masonry wall or durable fence,
or combination thereof, not less than four feet nor more
than eight feet in height. In lieu of such wall or fence, a
compact evergreen hedge of not less than four feet in
height at the time of original planting may be used.
(J) Off -Street Loading
Where possible non-residential establishments shall have
off-street loading and unloading areas.
(k) Off-Street Parking
All parking areas shall be effectively screened from ad-
joining residential areas and shall have adequate landscap-
ing and screening on property lines adjacent to public
sidewalks.
(1) Compliance
No alteration or improvement work shall be undertaken
after enactment of the ordinance approving this Plan which
does not conform with the requirements herein.
Nothing herein shall be construed to permit any sign,
construction, alteration, change, repair, use or any other
matter otherwise forbidden or restricted or controlled by
any other public law.
The work necessary to meet the requirements herein
shall be undertaken within two years from the date of
enactment of the ordinance approving this Plan and shall
ORDINANCES 859
be completed promptly in accordance with notice from the
Commissioner of the Department of Housing and Com-
munity Development.
c. Review of Rehabilitation Plans
(1) Designs for all building improvements, modifica-
tion, repair, rehabilitation or painting concerning the ex-
terior of the existing buildings, their yards or their show
windows, and for all signs, shall be submitted to the Com-
missioner of the Department of Housing and Community
Development and written approval by the Department shall
be required before proceeding with the work.
(2) The Commissioner of the Department of Housing
and Community Development shall be concerned with all
aspects of the designs affecting exterior appearance and in
particular with the following:
— Design of show windows and entrance area, including
choice of materials and types of security devices ;
— Design of signs, methods of illumination, colors, ma-
terials, methods of suspension ;
— Conditioning of rear yard spaces, location of delivery
signs;
—Design of awnings and canopies;
— Refuse collection details;
— All other exterior materials and colors;
— Landscape materials and design.
The Commissioner's review shall be guided by the prop-
erty rehabilitation objectives and the property rehabili-
tation standards.
Sec. 4&r 11. And be it further ordained, That any person
violating any of the provisions of Section 42 10 of this ordi-
nance shall be guilty of a misdemeanor and shall be subject
to a fine not exceeding One Hundred Dollars ($100.00) and
that each day's violation shall constitute a separate offense.
Sec. 44t 12. And be it further ordained, That in whatever
respect, if any, the renewal plan approved hereby for the
860 ORDINANCES Ord. No. 831
Franklin Square area may not meet the requirements as to
the content of a renewal plan or the procedure for the prep-
aration, adoption, and approval of renewal plans as pro-
vided in Ordinance No. 152, approved June 28, 1968, and
Ordinance No. 325, approved May 31, 1977, the said re-
quirements are hereby waived and the renewal plan
approved hereby is exempted therefrom.
Sec. 45t 13. And be it further ordained, That in the event
it be judicially determined that any word, phrase, clause,
sentence, paragraph, section or part is invalid, the remain-
ing provisions and application of such provisions to other
persons or circumstances shall not be affected thereby, the
Mayor and City Council hereby declaring that they would
have ordained the remaining provisions of this ordinance
without the word, phrase, clause, sentence, paragraph, sec-
tion or part or the application thereof so held invalid.
Sec. 4£t 14. And be it further ordained, That in any case
where a provision of this ordinance concerns the same sub-
ject matter as an existing provision of any zoning, build-
ing, electrical, plumbing, health, fire or safety ordinance or
code or regulation, the applicable provisions concerned shall
be construed so as to give effect to each ; provided, however,
that if such provisions are found to be in irreconcilable
conflict, the provision which establishes the higher standard
for the promotion and protection of the public health and
safety shall prevail. In any case where a provision of this
ordinance is found to be in conflict with an existing pro-
vision of any other ordinance or code or regulation in force
in the City of Baltimore which establishes a lower standard
for the promotion and protection of the public health and
safety, the provision of this ordinance shall prevail, and
the other existing provision of such other ordinance or
code or regulation is hereby repealed to the extent that it
may be found in conflict with this ordinance.
Sec. iTr 15. And be it further ordained, That this ordi-
nance shall take effect from the date of its passage.
Approved July 19, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
ORDINANCES 861
No. 832
(Council No. 1578)
An Ordinance authorizing the Mayor and City Council of
Baltimore to sell at either public or private sale in
accordance with Article V, Section 5(b) of the City
Charter, all of the interest of the Mayor and City Coun-
cil of Baltimore in and to that parcel of land known as
School No. 1 (520 W. Fayette Street), Baltimore, Mary-
land, said property being no longer needed for public use.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the Comptroller of Baltimore City be
and he is hereby authorized to sell at either public or pri-
vate sale in accordance with Article V, Section 5(b) of the
City Charter, all of the interest of the Mayor and City
Council of Baltimore in and to that parcel of land situate
in Baltimore, Maryland, and described as follows :
BEGINNING for the same at the point formed by the
intersection of the north side of Fayette Street, as now
laid out 66 feet wide, and the east side of Greene Street,
as now laid out 66 feet wide, said point of beginning being
the beginning of the parcel of land leased by Lydia E.
Hollingsworth to the Mayor and City Council of Baltimore
by lease dated October 19, 1855 and recorded among the
Land Records of Baltimore City in Liber E.D. No. 92, Folio
453 and running thence binding in part reversely on the
last line of said lease, in part on the first line of the parcel
of land conveyed by Ichabod Jean to the Mayor and City
Council of Baltimore by deed dated May 12, 1873 and re-
corded among said Land Records in Liber G.R. No. 612,
Folio 456 and in all, on the east side of said Greene Street,
Northerly 97 feet, more or less ;
thence binding on the second and third lines of last said
deed the two following courses and distances; namely,
Easterly 100 feet, more or less, and Southerly 33 feet, more
or less, to intersect the third line of said lease ; thence bind-
ing reversely on part of the third line of said lease, to the
beginning thereof, Easterly 2 feet, more or less; thence
binding reversely on the second line of said lease, Southerly
64 feet, more or less, to the aforesaid north side of Fayette
Street and thence binding on the north side of said Fayette
862 ORDINANCES Ord. No. 833
Street and reversely on the first line of said lease, there
situate, Westerly 102 feet, more or less, to the place of be-
ginning and being known as School No. 1 (520 W. Fayette
Street).
Said property being no longer needed for public use.
Sec. 2. Be it further ordained, That no deed or deeds
shall pass in accordance herewith until the same shall have
been first approved by the City Solicitor.
Sec. 3. And be it further ordained. That this ordinance
shall take effect from the date of its passage.
Approved July 19, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 833
(Council No. 1586)
An Ordinance to condemn and open, (1) Lucille Avenue,
50 feet wide, and extending from Reisterstown Road,
Southwesterly 112 feet to the end thereof, (2) an alley,
12 feet wide, laid out 100 feet southwest of Reisterstown
Road, and extending from Lucille Avenue, Northwesterly
117.50 feet to the line of the southeast side of a 7 foot
alley laid out 110.50 feet southeast of Beehler Avenue, if
projected northeasterly, and (3) an alley, 12 feet wide,
laid out 100 feet southwest of Reisterstown Road and
extending from Lucille Avenue, Southeasterly 125 feet,
more or less, to the line of the southeast outline of the
property known as No. 4707 East Wabash Avenue, if
projected northeasterly in accordance with a plat thereof
numbered, 334-A-12, prepared by the Surveys and Rec-
ords Division and filed in the Office of the Department
of Public Works, on the First (1st) day of February,
1978, and now on file in said office.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the Department of Public Works be,
ORDINANCES 863
and they are hereby authorized and directed to condemn,
open, (1) Lucille Avenue, 50 feet wide, and extending from
Reisterstown Road, Southwesterly 112 feet to the end
thereof, (2) an alley 12 feet wide, laid out 100 feet south-
west of Reisterstown Road, and extending from Lucille
Avenue, Northwesterly 117.50 feet to the line of the south-
east side of a 7 foot alley laid out 110.50 feet southeast of
Beehler Avenue, if projected northeasterly and (3) an
alley, 12 feet wide, laid out 100 feet southwest of Reisters-
town Road and extending from Lucille Avenue, Southeast-
erly 125 feet, more or less, to the line of the southeast
outline of the property known as No. 4707 East Wabash
Avenue, if projected northeasterly the street and alleys
hereby directed to be condemned for said opening being
described as follows:
1 — Lucille Avenue, 50 feet wide, and extending from
Reisterstown Road, Southwesterly 112 feet to the end
thereof and designated as Parcel No. 1 on said plat.
2 — An alley, 12 feet wide, laid out 100 feet southwest of
Reisterstown Road and extending from Lucille Avenue,
Northwesterly 117.50 feet to the line of the southeast side
of a 7 foot alley laid out 110.50 feet southeast of Beehler
Avenue, if projected northeasterly and designated as Par-
cel No. 2 on said plat.
3 — An alley, 12 feet wide, laid out 100 feet southwest
of Reisterstown Road, and extending from Lucille Avenue,
Southeasterly 125 feet, more or less, to the line of the
southeast outline of the property known as No. 4707 East
Wabash Avenue, if projected northeasterly and designated
as Parcel No. 3 on said plat.
The said Lucille Avenue and two 12 foot alleys as directed
to be condemned being more particularly described and re-
ferred to among the Land Records of Baltimore City and
delineated and particularly shown on a plat numbered 334-
A-12 which was filed in the Office of the Department of
Public Works on the First (1st) day of February in the year
1978, and is now on file in said Office.
SEC. 2. And be it further ordained, That the proceedings
of said Department of Public Works, with reference to the
864 ORDINANCES Ord. No. 834
condemnation and opening of said Lucille Avenue and two
12 foot alleys and the proceedings and rights of all parties
interested or affected thereby, shall be regulated by, and be
in accordance with, any and all applicable provisions of
Article 4 of the Code of Public Local Laws of Maryland and
the Charter of Baltimore City (1964 Revision) as amended
to July 1, 1973 and any and all amendments thereto, and
any and all other Acts of the General Assembly of Mary-
land, and any and all ordinances of the Mayor and City
Council of Baltimore, and any and all rules or regulations
in effect which have been adopted by the Director of Public
Works and filed with the Department of Legislative
Reference.
Sec. 3. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved July 19, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 834
(Council No. 1587)
An Ordinance to condemn and close (1) Lucille Avenue, 50
feet wide, and extending from Reisterstown Road,
Southwesterly 112 feet to the end thereof, (2) an alley,
12 feet wide, laid out 100 feet southwest of Reisterstown
Road, and extending from Lucille Avenue, Northwesterly
117.50 feet to the line of the southeast side of a 7 foot
alley laid out 110.50 feet southeast of Beehler Avenue,
if projected northeasterly, and (3) an alley 12 feet wide,
laid out 100 feet southwest of Reisterstown Road and
extending from Lucille Avenue, Southeasterly 125 feet,
more or less, to the line of the southeast outline of the
property known as No. 4707 East Wabash Avenue, if
projected northeasterly in accordance with a plat thereof
numbered 334-A-12A, prepared by the Surveys and Rec-
ords Division and filed in the Office of the Department
of Public Works, on the First (1st) day of February,
1978, and now on file in said office.
ORDINANCES 865
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the Department of Public Works be,
and they are hereby authorized and directed to condemn
and close (1) Lucille Avenue, 50 feet wide, and extending
from Reisterstown Road, Southwesterly 112 feet to the
end thereof, (2) an alley 12 feet wide, laid out 100 feet
southwest of Reisterstown Road, and extending from
Lucille Avenue, Northwesterly 117.50 feet to the line of the
southeast side of a 7 foot alley laid out 110.50 feet southeast
of Beehler Avenue, if projected northeasterly, and (3) an
alley 12 feet wide, laid out 100 feet southwest of Reisters-
town Road and extending from Lucille Avenue, Southeast-
erly 125 feet, more or less, to the line of the southeast
outline of the property known as No. 4707 East Wabash
Avenue, if projected northeasterly the street and alleys
hereby directed to be condemned for said closing being de-
scribed as follows :
1 — Lucille Avenue, 50 feet wide, and extending from
Reisterstown Road, Southwesterly 112 feet to the end
thereof and designated as Parcel No. 1 on said plat.
2 — An alley, 12 feet wide, laid out 100 feet southwest of
Reisterstown Road and extending from Lucille Avenue,
Northwesterly 117.50 feet to the line of the southeast side
of a 7 foot alley laid out 110.50 feet southeast of Beehler
Avenue, if projected northeasterly and designated as Par-
cel No. 2 on said plat.
3 — An alley, 12 feet wide, laid out 100 feet southwest of
Reisterstown Road, and extending from Lucille Avenue,
Southeasterly 125 feet, more or less, to the line of the south-
east outline of the property known as No. 4707 East
Wabash Avenue, if projected northeasterly and designated
as Parcel No. 3 on said plat.
The said Lucille Avenue and two 12 foot alleys as di-
rected to be condemned being more particularly described
and referred to among the Land Records of Baltimore City
and delineated and particularly shown on a plat numbered
334-A-12A which was filed in the Office of the Department
of Public Works on the First (1st) day of February, in the
year 1978 and is now on file in the said Office.
866 ORDINANCES Ord. No. 834
Sec. 2. And be it further ordained, That after said high-
way or highways shall have been closed under the provi-
sions of this ordinance, all subsurface structures and
appurtenances now owned by the Mayor and City Council
of Baltimore, shall be and continue to be the property of
the Mayor and City Council of Baltimore, in fee simple,
until the use thereof shall be abandoned by the Mayor and
City Council of Baltimore, and in the event that any per-
son, firm or corporation shall first obtain permission and
permits therefor from the Mayor and City Council of Bal-
timore, and shall in the application for such permission and
permits agree to pay all costs and charges of every kind
and nature made necessary by such removal, alteration or
interference.
Sec. 3. And be it further ordained, That no buildings or
structures of any kind shall be constructed or erected in
said portion of said highway or highways after the same
shall have been closed under the provisions of this ordi-
nance until the subsurface structures and appurtenances
now owned by the Mayor and City Council of Baltimore,
over which said buildings or structures are proposed to be
constructed or erected shall have been abandoned or shall
have been removed and relaid in accordance with the speci-
fications and under the direction of the Director of Public
Works of Baltimore City, and at the expense of the person
or persons or body corporate desiring to erect such build-
ings or structures. Railroad tracks shall be taken to be
"structures" within the meaning of this section.
Sec. 4. And be it further ordained, That after said high-
way or highways shall have been closed under the provi-
sions of this ordinance, all subsurface structures and
appurtenances owned by any person, firm or corporation,
other than the Mayor and City Council of Baltimore, shall
upon notice from the Director of Public Works of Balti-
more City, be promptly removed by and at the expense of
the said owners.
SEC. 5. And be it further ordained, That on and after
the closing of said highway or highways, the said Mayor
and City Council of Baltimore, acting through its duly
authorized representatives, shall, at all times, have access
ORDINANCES 867
to said property and to all subsurface structures and appur-
tenances used by it therein, for the purposes of inspection,
maintenance, repair, alteration, relocation and/or replace-
ment, of any or all of said structures and appurtenances,
and this without permission from or compensation to the
owner or owners of said land.
Sec. 6. And be it further ordained, That the proceedings
of said Department of Public Works with reference to the
condemnation and closing of said Lucille Avenue and two 12
foot alleys and the proceedings and rights of all parties
interested or affected thereby, shall be regulated by, and be
in accordance with, any and all applicable provisions of
Article 4 of the Code of Public Local Laws of Maryland and
the Charter of Baltimore City (1964 Revision) as amended
to July 1, 1973 and any and all amendments thereto, and
any and all other Acts of the General Assembly of Mary-
land, and any and all ordinances of the Mayor and City
Council of Baltimore, and any and all rules or regulations
in effect which have been adopted by the Director of Public
Works and filed with the Department of Legislative
Reference.
Sec. 7. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved July 19, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 835
(Council No. 1636)
An Ordinance to amend the Urban Renewal Plan for the
Ridgely's Delight Area, which Plan was approved by
Ordinance No. 840, dated March 31, 1975, to, among
other things, (1) extend the eastern WESTERN bound-
ary of the project area to the center line of the proposed
City Boulevard; (2) authorize the acquisition by pur-
chase or by condemnation by the Mayor and City Council
868 ORDINANCES Ord. No. 835
of Baltimore, for urban renewal purposes, of certain
properties; (3) PROVIDE STANDARDS APPLICABLE
TO ALL PROPERTY REHABILITATION AND PEN-
ALTIES FOR VIOLATING THESE STANDARDS; (4)
change certain land uses; -(44- (5) recommend certain
zoning district changes ; 4&)- (6) CREATE EASEMENTS
ON CERTAIN PUBLIC PARKS; (7) INCREASE THE
SIZE OF A RESIDENTIAL DISPOSITION LOT BY
INCLUDING AN ALLEY TO BE CLOSED; (8) provide
that the approval of said amendment to the Renewal Plan
is not an enactment of the proposed amendment to the
Zoning Ordinance; 4&± (9) delete certain properties from
the list of non-conforming uses which no longer exist as
non-conforming uses; 4rQ (10) revise certain exhibits
and appendices attached to said Plan to indicate the
changes provided therein; 4^- (11) waive such require-
ments, if any, as to content or procedure for the prepara-
tion, adoption and approval of renewal plans as set forth
in Ordinance No. 152 approved June 28, 1968, as amended
to date, which the Renewal Plan for Ridgely's Delight
Urban Renewal Area may not meet; 4W- (12) provide
for the separability of the various parts and applications
of this ordinance; (10) (13) provide that where the pro-
visions of this ordinance shall conflict with any other
ordinance, code or regulation, the provision which estab-
lishes the higher standard shall prevail; and (11) (14)
provide for the effective date hereof.
Whereas, the Renewal Plan for Ridgely's Delight was
approved by the Mayor and City Council of Baltimore by
Ordinance No. 840, dated March 31, 1975, and amended by
Ordinance No. 308, dated April 25, 1977; and
Whereas, pursuant to Section 26, Article 13 of the Bal-
timore City Code (1966 Edition) as amended to date, no
substantial change or changes shall be made in any renewal
plan, after approval by ordinance, without such change or
changes first being adopted and approved in the same
manner as set forth in said Section 26 for the approval of
a renewal plan, namely the preparation of such change or
changes by the Department of Housing and Community
Development, the approval of such change or changes by
the Director of the Department of Planning, and approval
ORDINANCES 869
and adoption by an ordinance of the Mayor and City Coun-
cil of Baltimore after a public hearing in relation thereto,
all in the manner set forth in said Section 26; and
Whereas, extensive changes in the Renewal Plan make
it infeasible to make line-by-line changes; therefore, the
Department of Housing and Community Development has
prepared an amended Renewal Plan for Ridgely's Delight,
including all prior amendments to said Plan; and
Whereas, said amended Renewal Plan for Ridgely's
Delight has been approved by the Director of the Depart-
ment of Planning on April 19, 1978 with respect to its con-
formity to the Master Plan, the detailed location of any
public improvements proposed in the amended Renewal
Plan, its conformity to the rules and regulations for sub-
divisions, and all zoning changes proposed in the amended
Renewal Plan; and said amended Renewal Plan has been
approved and recommended to the Mayor and City Council
of Baltimore by the Commissioner of the Department of
Housing and Community Development on April 20, 1978;
now, therefore,
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the amended Renewal Plan for Ridgely's
Delight, identified as "Urban Renewal Plan, Ridgely's De-
light . . . revised to include Amendment No. 2, dated Janu-
ary 18, 1978 AND REVISED JUNE 13, 1978 AND JUNE
16, 1978" is hereby approved, and the Clerk of the City
Council is hereby directed to file a copy of said amended
Renewal Plan with the Department of Legislative Reference
as a permanent public record and make the same available
for public inspection and information.
Sec. 2. And be it further ordained, That the boundaries of
the Ridgely's Delight Urban Renewal Area shall be revised
to expand the eastorn WESTERN boundary to be cotermi-
nous with the center line of the proposed City Boulevard;
therefore, Section 2 of Ordinance No. 840, dated March 31,
1975, is hereby amended to read as follows :
Beginning for the same at the intersection of the north side
of West Pratt Street and the [east side of South Fremont
Avenue] center line of the proposed City Boulevard, as
870 ORDINANCES Ord. No. 835
shown on Drawing FAP No. M-3065(l), Sheet Nos. P--4
and P-5 of P-66, dated March 1978, hereby made a part of
this Plan as Exhibit No. 1; thence from said point of be-
ginning and binding on the north side of West Pratt Street
easterly to intersect the east side of Greene Street; thence
binding on the east side of Greene Street and a line extend-
ing the east side of Greene Street southerly to intersect
[a line extending the north side of Houser Street easterly]
the center line of the proposed City Boulevard) thence
binding on the center line of the proposed City Boulevard
northerly to the point of beginning, [said line extending
the north side of Houser Street westerly to intersect the
western property line of Lot 46, Block 863, Section 6, Ward
22; thence binding on the western property line of Lot 46,
Block 863, Section 6, Ward 22, and the extension of said
property line northerly to intersect the north side of W.
Conway Street; thence binding on the north side of W.
Conway Street westerly to intersect the western property
line of Lot 21, Block 861, Section 6, Ward 22; thence binding
on the western property line of Lot 21, Block 861, Section
6, Ward 22 and the extension of said property line northerly
to intersect the north side of Burgundy Street; thence bind-
ing on the west side of the first alley east of South Fremont
Avenue northerly to intersect the south side of South Paca
Street; thence binding on the south side of South Paca
Street easterly to intersect the eastern property line of
Lot 40, Block 861, Section 6, Ward 22; thence binding on
the extension of the eastern property line of Lot 40, Block
861, Section 6, Ward 22 northerly to intersect the western
property line of Lot 20, Block 854, Section 5, Ward 22;
thence binding on the western property line of Lot 20,
Block 854, Section 5, Ward 22 northerly to intersect the
south side of Eislen Street; thence binding on the south
side of Eislen Street easterly to intersect the west side of
Stewart Court; thence binding on the extension of the
west side of Stewart Court northerly to intersect the
western property line of Lot 32, Block 854, Section 5, Ward
22; thence binding on the western property line of Lot 32,
Block 854, Section 5, Ward 22, northerly to intersect the
southern property line of Lot 31, Block 854, Section 5,
Ward 22; thence binding on the southern property line
of Lot 31, Block 854, Section 5, Ward 22 westerly to
intersect the western property line of the said lot; thence
ORDINANCES 871
binding on the western property line of Lot 31, Block 854,
Section 4, Ward 22, northerly to intersect the north side of
Washington Boulevard; thence binding on the north side
of Washington Boulevard easterly to intersect the east side
of South Fremont Avenue; thence binding on the east side
of South Fremont Avenue northerly to the point of be-
ginning.]
SEC. 3. And be it further vrdained, That it may be neces-
sary to acquire by purchase or by condemnation the fee
simple interest or any lesser interest in and to certain
properties, together with all right, title, interest, and estate
that the owner or owners of said property interest may
have in all streets, alleys, ways or lanes, public or private,
both abutting the whole area described and/or contained
within the perimeter of said area, provided that these prop-
erties or portions thereof are not deemed necessary by the
Director of the Department of Public Works for the pro-
posed City Boulevard, and described as follows:
642 W. Conway Street
644 W. Conway Street
646 W. Conway Street
648 W. Conway Street
650-52 W. Conway Street
650 Dover Street
653 Dover Street
608 Eislen Street
337-39 S. Fremont Avenue
601 S. Fremont Avenue
603 S. Fremont Avenue
605 S. Fremont Avenue
607 S. Fremont Avenue
609 S. Fremont Avenue
611 S. Fremont Avenue
613 S. Fremont Avenue
615 S. Fremont Avenue
617 S. Fremont Avenue
619 S. Fremont Avenue
621 S. Fremont Avenue
643 Melvin Drive
645 Melvin Drive
872 ORDINANCES Ord. No. 835
524 S. Paca Street
603 S. Paca Street
605 S. Paca Street
607 S. Paca Street
614 S. Paca Street
638 S. Paca Street
209 Penn Street
215 Penn Street
628 Portland Street
630 Portland Street
634 Portland Street
641 Portland Street
643 Portland Street
646 Portland Street
664 Portland Street
608 Washington Boulevard
620 Washington Boulevard
623 Washington Boulevard
629 Washington Boulevard
632 Washington Boulevard
633 Washington Boulevard (Rear portion of
this property approximately 18' x 50',
known as 536 Eislen Street)
634 Washington Boulevard
635 Washington Boulevard (Rear portion of
this property approximately 17'-6" x 50',
known as 538 Eislen Street)
648 Washington Boulevard
656 Washington Boulevard
660 Washington Boulevard
Sec. 4. And be it further ordained, That the Real Estate
Acquisition Division of the Department of the Comptroller,
or such person or persons and in such manner as the Board
of Estimates, in the exercise of the power vested in it by
Article V, Section 5 of the Baltimore City Charter, may
hereafter from time to time designate, is or are authorized
to acquire on behalf of the Mayor and City Council of Bal-
timore and for the purposes described in this ordinance, the
fee simple interest or any lesser interest in and to the
properties or portions thereof hereinabove mentioned. If
ORDINANCES 873
the said Real Estate Acquisition Division of the Depart-
ment of the Comptroller, or such person or persons, and
in such manner as the Board of Estimates in the ex-
ercise of the power vested in it by Article V, Section
5, of the Baltimore City Charter, may hereafter from
time to time designate, is or are unable to agree with the
owner or owners on the purchase price for said properties
or portions thereof, it or they shall forthwith notify the
City Solicitor of Baltimore City, who shall thereupon insti-
tute in the name of the Mayor and City Council of Bal-
timore the necessary legal proceedings to acquire by con-
demnation the fee simple interest or any lesser interest in
and to said properties or portions thereof.
SEC. 5. AND BE IT FURTHER ORDAINED,
THAT OVER AND ABOVE THE CODES AND ORDI-
NANCES OF THE CITY OF BALTIMORE, THE FOL-
LOWING ADDITIONAL STANDARDS SHALL BE AP-
PLIED TO ALL PROPERTIES WITHIN THE PROJECT
AREA, WHETHER OCCUPIED OR VACANT, AND THE
COMMISSIONER OF THE DEPARTMENT OF HOUS-
ING AND COMMUNITY DEVELOPMENT SHALL NOT
APPROVE PERMITS WHICH ARE INCONSISTENT
WITH THESE STANDARDS :
A. PROPERTY REHAB I LIT A TION STANDARDS
FOR ALL STRUCTURES
1. BUILDING FACADES
(A) ALL STRUCTURAL AND DECORATIVE ELE-
MENTS OF BUILDING FRONTS AND SIDES ABUT-
TING STREETS SHALL BE CLEANED, REPOINTED,
REPAIRED OR REPLACED IN A WORKMANLIKE
MANNER, TO MATCH AS CLOSELY AS POSSIBLE
THE ORIGINAL MATERIALS AND CONSTRUCTION
OF THAT BUILDING. UNPAINTED BRICK WALLS
SHALL NOT BE PAINTED, UNLESS THE COMMIS-
SIONER OF THE DEPARTMENT OF HOUSING AND
COMMUNITY DEVELOPMENT DETERMINES THAT
SPECIAL CONDITIONS REQUIRE PAINTING. PAINT-
ED BRICK WALLS SHALL BE KEPT IN GOOD CON-
DITION AND THE COLOR SHALL BE COMPATIBLE
874 ORDINANCES Ord. No. 835
WITH SURROUNDING BUILDINGS AND BE CHAR-
ACTERISTIC OF ORIGINAL BUILDINGS.
FORMSTONE FACADES MAY BE RETAINED AND
THEY SHOULD BE PAINTED A SINGLE COLOR
CHARACTERISTIC OF THE ORIGINAL BUILDINGS.
(B) SIDE WALLS, WHERE VISIBLE FROM ANY
OF THE STREETS, SHALL BE FINISHED OR PAINT-
ED SO AS TO HARMONIZE WITH THE FRONT OF
THE BUILDING. A SIDE WALL FACING A MAJOR
STREET SHALL HAVE THE SAME DESIGN TREAT-
MENT AS THE FRONT FACADE WHERE POSSIBLE.
(C) ORIGINAL ARCHITECTURAL APPOINT-
MENTS, INCLUDING BUT NOT LIMITED TO LIN-
TELS, SILLS, FASCIAS, CORNICES AND EAVES,
SHALL BE RESTORED OR REPLACED TO MATCH
AS CLOSELY AS POSSIBLE THE ORIGINAL PAT-
TERNS.
(D) EXISTING MISCELLANEOUS ELEMENTS ON
THE BUILDING FRONTS, SUCH AS EMPTY ELEC-
TRICAL OR OTHER CONDUITS, UNUSED SIGN
BRACKETS, ETC., SHALL BE REMOVED.
(E) CONDENSER ELEMENTS OR WINDOW AIR-
CONDITIONING UNITS SHALL BE LOCATED ON FA-
CADES NOT VISIBLE FROM PUBLIC WALKWAYS
WHEREVER POSSIBLE.
(F) NEW ADDITIONS OR ALTERATIONS TO THE
REAR AND/OR SIDE FACADE OF STRUCTURES
SHALL BE COMPATIBLE WITH EXISTING STRUC-
TURES IN BOTH MATERIAL AND SCALE.
(G) NO METAL AWNINGS ARE PERMITTED.
SOFT, FLAME-PROOFED AWNINGS ARE PER-
MITTED.
2. WINDOWS
(A) ORIGINAL WINDOW OPENINGS ON BUILD-
ING FRONTS AND SIDES ABUTTING STREETS
ORDINANCES 875
SHALL BE RETAINED. ALL BROKEN OR MISSING
WINDOWS SHALL BE REPLACED.
(B) WINDOW STYLES ON A BUILDING FACADE
FACING A PUBLIC STREET SHALL BE IN CON-
FORMANCE WITH THE ORIGINAL DESIGN OF THE
WINDOW STYLE FOR THE BUILDING FACADE.
(C) WINDOW SHUTTERS, WHERE USED, SHALL
BE ONE-HALF THE WIDTH OF THE OPENING AND
THE SAME HEIGHT AS THE OPENING.
(D) WROUGHT IRON "BURGLAR BARS" OF AP-
PROVED DESIGN SHALL BE PERMITTED.
(E) WINDOW PANES SHALL NOT BE PAINTED.
3. ROOFS
(A) EXISTING DORMERS, CHIMNEYS, AND
ORIGINAL ROOF PITCHES ON THE FRONTS OF THE
STRUCTURES SHALL BE RETAINED AND TREATED
IN ACCORDANCE WITH THE SAME CRITERIA AS
BUILDING FACADES.
(B) ALL AUXILIARY STRUCTURES ON THE
ROOFS VISIBLE FROM THE STREET SHALL BE
FINISHED SO AS TO BE HARMONIOUS WITH
OTHER VISIBLE BUILDING WALLS.
(C) ALL MECHANICAL EQUIPMENT PLACED
ON A ROOF SHALL BE SO LOCATED AS TO BE HID-
DEN FROM VIEW FROM THE PUBLIC WALKWAYS,
OR SHALL BE SCREENED WITH SUITABLE ELE-
MENTS OF A PERMANENT NATURE, FINISHED SO
AS TO HARMONIZE WITH THE REST OF THE
BUILDING.
(D) TELEVISION OR RADIO ANTENNAS SHALL
NOT BE PERMITTED ON FRONTS OF FACADES
WHERE VISIBLE FROM STREETS.
4. ENTRANCE AREA
(A) ENTRANCE STOOPS AND STEPS SHALL BE
MADE TO MATCH AS CLOSELY AS POSSIBLE THE
ORIGINAL CONSTRUCTION.
876 ORDINANCES Ord. No. 835
(B) ALL ELEMENTS OF THE ENTRANCE AREA,
INCLUDING RAILING, HOUSE NUMBERS, AND
LIGHTING FIXTURES, SHALL BE MADE OF AND
MATCH AS CLOSELY AS POSSIBLE TO THE ORIG-
INAL MATERIAL AND CHARACTER.
(C) EXISTING SALLY PORTS (PASSAGEWAYS)
TO THE REAR OF THE PROPERTY WHERE EXIST-
ING SHALL BE RETAINED. GATES AND SECURITY
DEVICES, OF APPROVED DESIGN FOR THE SALLY
PORTS, ARE PERMITTED.
(D) FRONT YARDS SHALL BE PROPERLY
LANDSCAPED AND MAINTAINED.
B. PROPERTY REHABILITATION STANDARDS FOR
NON-RESIDENTIAL STRUCTURES
NON-RESIDENTIAL STRUCTURES SHALL CON-
FORM TO THE FOLLOWING STANDARDS, IN AD-
DITION TO THE STIPULATED RESIDENTIAL
STANDARDS.
1. FACADES
(A) SHOW WINDOWS, WHERE EXISTING, MAY
BE RETAINED IF REHABILITATED, SO AS TO BE
COMPATIBLE WITH THE ORIGINAL ARCHITEC-
TURAL CHARACTER OF THE STRUCTURE.
A SHOW WINDOW, AS PART OF THE BUILDING
FACE, SHALL BE DEFINED TO INCLUDE THE EN-
TRANCE AREA LEADING TO THE DOOR, THE DOOR,
TRANSOMS, DISPLAY PLATFORMS, DEVICES FOR
SUN PROTECTION, SECURITY GRILLES, ENCLO-
SURES AND HOUSINGS FOR SECURITY GRILLES,
LIGHTING AND SIGNING VISIBLE FROM THE PUB-
LIC RIGHT-OF-WAY.
(B) SHOW WINDOW GLAZING SHALL NOT BE
PAINTED EXCEPT FOR AUTHORIZED IDENTIFICA-
TION OF THE PLACE FOR BUSINESS AS PER SUB-
SECTION (2) BELOW.
TEMPORARY OR PERMANENT SIGNS APPLIED
OR PLACED AGAINST ANY SURFACE OF A SHOW
ORDINANCES 877
WINDOW SHALL NOT EXCEED 20% OF THE AREA
OF THAT SHOW WINDOW.
(C) SOLID OR PERMANENTLY ENCLOSED OR
COVERED STOREFRONTS SHALL NOT BE PER-
MITTED UNLESS TREATED AS AN INTEGRAL
PART OF THE BUILDING FACADE USING WALL
MATERIALS AND WINDOW DETAILING COMPAT-
IBLE WITH THE UPPER FLOORS.
(D) SOFT, RETRACTABLE, FLAME - PROOFED
AWNINGS ARE PERMITTED. PERMANENT METAL
CANOPIES FOR SHOW WINDOWS AND ENTRANCE
AREAS ARE PERMITTED WHEN SUCH CANOPIES
ARE AN INTEGRATED FEATURE IN THE FACADE
AND ARE COMPATIBLE WITH THE CHARACTER
OF THE BUILDING.
2. SIGNS
(A) NO SIGNS OTHER THAN THOSE IDENTIFY-
ING THE PROPERTY WHERE THEY ARE IN-
STALLED OR IDENTIFYING THE USE CONDUCTED
THEREIN SHALL BE PERMITTED. ADVERTISING
BY MATERIAL OR PRODUCT MANUFACTURERS
SHALL NOT BE PERMITTED EXCEPT AS PRIMARY
IDENTIFICATION OF AN ESTABLISHMENT.
ALL LIGHTING AND ELECTRICAL ELEMENTS
SUCH AS WIRES, CONDUITS, JUNCTION BOXES,
TRANSFORMERS, BALLASTS, SWITCHES AND PAN-
EL BOXES SHALL BE CONCEALED FROM VIEW AS
MUCH AS POSSIBLE.
(B) SIGNS SHALL BE PLACED PARALLEL TO
THE BUILDING FACE AND SHALL NOT PROJECT
MORE THAN 8" FROM THE SURFACE OF THE
BUILDING, EXCEPT AS OTHERWISE HEREIN PRO-
VIDED, AND THE SQUARE FOOTAGE OF THE AREA
OF THE SIGN SHALL NOT EXCEED THE WIDTH OF
THE FRONTAGE OF THE BUILDING IN LINEAR
FEET. HOWEVER, IN NO CASE SHALL THE TOTAL
AREA OF THE SIGNS FOR EACH BUILDING FA-
CADE EXCEED TWENTY (20) SQUARE FEET. IN
THE CASE OF CORNER PROPERTIES, EACH FA-
CADE IS TO BE CALCULATED SEPARATELY AS TO
878 ORDINANCES Ord. No. 835
SIZE ALLOWED FOR EACH. SIGNS SHALL BE
PLACED NO HIGHER THAN THE SILL LEVEL OF
THE SECOND STORY WINDOW.
(C) PAINTED OR INLAID SIGNS ON CLOTH
AWNINGS ARE PERMITTED. FLASHING OR MOV-
ING SIGNS OTHER THAN BARBER POLES, SHALL
NOT BE PERMITTED.
(D) SIGNS ATTACHED AT RIGHT ANGLES TO A
BUILDING, IN LIEU OF FLAT SIGNS, ARE PERMIT-
TED PROVIDED THAT THERE IS NO MORE THAN
ONE (1) SUCH SIGN FOR EACH ENTRANCE DOOR,
IT PROJECTS NO MORE THAN FIVE FEET (5') FROM
THE PRIMARY SURFACE OF THE BUILDING, AND
IT DOES NOT EXCEED TEN (10) SQUARE FEET IN
AREA. SIGNS ATTACHED AT RIGHT ANGLES TO A
BUILDING SHALL NOT EXCEED IN HEIGHT FOUR-
TEEN FEET (14') ABOVE GRADE OR THE SILL
LEVEL OF THE SECOND STORY WINDOW, WHICH-
EVER IS LESS.
(E) A FREE-STANDING SIGN SHALL BE PER-
MITTED, IN LIEU OF FLAT OR PROJECTING SIGN,
PROVIDED THAT SUCH SIGN HAS NO MORE THAN
TWO FACES, THE AREA OF EACH FACE DOES NOT
EXCEED TWENTY (20) SQUARE FEET, AND THE
TOP OF SUCH SIGN DOES NOT EXCEED FOURTEEN
FEET (140 ABOVE GRADE.
(F) NO SIGNS SHALL BE PERMITTED EXCEPT
AS HEREIN PROVIDED OR AS OTHERWISE AU-
THORIZED BY THE DEPARTMENT OF HOUSING
AND COMMUNITY DEVELOPMENT FOR TEMPO-
RARY PURPOSES NOT EXCEEDING THIRTY (30)
DAYS.
3. NON-CONFORMING SIGNS
ALL SIGNS AND STRUCTURES FOR THEIR SUP-
PORT NOT CONFORMING TO THE ABOVE REGULA-
TIONS SHALL BE REMOVED WITHIN SIX (6)
MONTHS FROM THE DATE OF ENACTMENT OF
THIS ORDINANCE.
4. MINOR PRIVILEGE PERMITS FOR SIGNS
MINOR PRIVILEGE PERMITS FOR EXISTING
ORDINANCES 879
SIGNS SHALL NOT BE RENEWED NOR SHALL MI-
NOR PRIVILEGE PERMITS FOR NEW SIGNS BE IS-
SUED, EXCEPT SIGNS WHICH MEET THE STAND-
ARDS AS HEREIN PROVIDED.
5. OFF-STREET PARKING
ALL PARKING AREAS SHALL BE EFFEC-
TIVELY SCREENED ON PROPERTY LINES ADJA-
CENT TO PUBLIC SIDEWALKS BY A SCREENING
WALL A MINIMUM OF FIVE FEET (5') IN HEIGHT
ABOVE THE ADJACENT SIDEWALK. THE SCREEN-
ING WALL MAY BE A METAL FENCE, A MASONRY
WALL OR A COMBINATION WITH PLANT MA-
TERIAL.
6. COMPLIANCE
NO ALTERATION OR IMPROVEMENT WORKS
SHALL BE UNDERTAKEN WHICH DO NOT CON-
FORM WITH THE REQUIREMENTS HEREIN.
NOTHING HEREIN SHALL BE CONSTRUED TO
PERMIT ANY SIGN, CONSTRUCTION, ALTERATION,
CHANGE, REPAIR, USE OF ANY OTHER MATTER
OTHERWISE FORBIDDEN OR RESTRICTED OR CON-
TROLLED BY ANY OTHER PUBLIC LAW.
C. REVIEW OF REHABILITATION PLANS
1. PROPOSALS AND PERMIT APPLICATIONS FOR
ALL BUILDING IMPROVEMENTS, MODIFICATIONS,
REPAIR, REHABILITATION OR PAINTING CON-
CERNING THE EXTERIOR OF THE EXISTING
BUILDINGS, THEIR YARDS OR THEIR SHOW WIN-
DOWS, AND FOR ALL SIGNS, SHALL BE SUBMIT-
TED TO THE COMMISSIONER OF THE DEPART-
MENT OF HOUSING AND COMMUNITY DEVELOP-
MENT FOR HIS REVIEW AND CONSIDERATION.
WRITTEN APPROVAL BY THE DEPARTMENT
SHALL BE REQUIRED BEFORE PROCEEDING WITH
THE WORK.
2. THE COMMISSIONER OF THE DEPARTMENT
OF HOUSING AND COMMUNITY DEVELOPMENT
SHALL REVIEW AND CONSIDER ALL ASPECTS OF
880 ORDINANCES Ord. No. 835
THE DESIGN AFFECTING EXTERIOR APPEAR-
ANCE AND IN PARTICULAR WITH THE FOLLOW-
ING:
—ALL EXTERIOR DESIGNS, INCLUDING CHOICE
OF MATERIALS AND COLOR;
—LOCATION AND DESIGN OF SIGNS, METHODS
OF ILLUMINATION, COLORS, MATERIALS,
METHODS OF SUSPENSION;
—CONDITIONING OF YARD SPACES, TYPES OF
SECURITY DEVICES, CONTAINERS FOR REF-
USE COLLECTION, AND LANDSCAPE MATE-
RIAL AND DESIGNS.
THE COMMISSIONER'S REVIEW SHALL BE GUID-
ED BY THE PROPERTY REHABILITATION OBJEC-
TIVES AND THE PROPERTY REHABILITATION
STANDARDS.
SEC. 6. AND BE IT FURTHER ORDAINED, THAT
ANY PERSON VIOLATING ANY OF THE PROVI-
SIONS OF SECTION 5 OF THIS ORDINANCE SHALL
BE GUILTY OF A MISDEMEANOR AND SHALL BE
SUBJECT TO A FINE NOT EXCEEDING ONE HUN-
DRED DOLLARS ($100.00) AND THAT EACH DAY'S
VIOLATION SHALL CONSTITUTE A SEPARATE
OFFENSE.
Sec. 5t 7. And be it further ordained, That in whatever
respect, if any, the amended Renewal Plan approved hereby
for the Ridgely's Delight Urban Renewal Area may not
meet the requirements as to the content of a renewal plan
or the procedures for the preparation, adoption, and ap-
proval of renewal plans, as provided in Ordinance No. 152,
approved June 28, 1968, as amended to date, the said re-
quirements are hereby waived and the amended Renewal
Plan approved hereby is exempted therefrom.
Sec. &• 8. And be it further ordained, That the approval of
the amended Renewal Plan for Ridgely's Delight shall not
be construed as an enactment of such amendments to the
Zoning Ordinance as are proposed in said amended Renewal
Plan.
ORDINANCES 881
Sec. £t 9. And be it further ordained, That in the event it
be judicially determined that any word, phrase, clause, sen-
tence, paragraph, section or part in or of this ordinance
or the application thereof to any person or circumstances
is invalid, the remaining provisions and the application of
such provisions to other persons or circumstances shall not
be affected thereby, the Mayor and City Council hereby
declaring that they would have ordained the remaining
provisions of this ordinance without the word, phrase,
clause, sentence, paragraph, section or part or the appli-
cation thereof so held invalid.
Sec. St 10. And be it further ordained, That in any case
where a provision of this ordinance concerns the same sub-
ject matter as an existing provision of any zoning, building,
electrical, plumbing, health, fire or safety ordinance or code
or regulation, the applicable provisions concerned shall be
construed so as to give effect to each; provided, however,
that if such provisions are found to be in conflict with an
existing provision of any other ordinance or code or regula-
tion in force in the City of Baltimore which establishes
a lower standard for the promotion and protection of the
public health and safety, the provision of this ordinance
shall prevail and the other existing provision of such other
ordinance or code or regulation is hereby repealed to the
extent that it may be found in conflict with this ordinance.
Sec. &t 11. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved July 19, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 836
(Council No. 1651)
An Ordinance to repeal and reordain Ordinance No. 152,
approved March 25, 1964, entitled: "An ordinance au-
thorizing the Mayor and City Council of Baltimore to
882 ORDINANCES Ord. No. 836
grant rights-of-way to the owner or owners of the tract
of land situate in Baltimore County on the northwest
side of Merryman's Mill Road, known as resubdivision
of Section Three Cambria, over the strip of land between
the southern outline of said resubdivision and the north-
erly side of Merryman's Mill Road, as the same extends
along and just south of said southernmost outline. The
exclusive use of said strip of land is no longer needed
for public use", amending the first described easement
appearing in Section 1 of said ordinance by inserting a
correctly described easement in its place.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That Ordinance No. 152, approved March 25,
1964, entitled, "An ordinance authorizing the Mayor and
City Council of Baltimore to grant rights-of-way to the
owner or owners of the tract of land situate in Baltimore
County on the northwest side of Merryman's Mill Road,
known as resubdivision and the northerly side of Merry-
man's Mill Road, as the same extends along and just south
of said southernmost outline. The exclusive use of said
strip of land is no longer needed for public use", be re-
pealed and reordained with amendment to the first descrip-
tion appearing in Section 1 of said ordinance to read as
follows:
Beginning for the first at a point on the south side of
Lot 2, as shown on a plat entitled "Resubdivision of Section
Three Cambria" dated April 7, 1958, and recorded among
the Plat Records of Baltimore County in Liber G.L.B. 25,
folio 27, said point of beginning being distant 185.00 feet
from the southeast corner of Lot 2, said point of beginning
being also distant South 67 degrees 03 minutes 14 seconds
East 295.00 feet, more or less, from a monument planted
at the southwest corner of Lot 3 as shown on said plat.
Coordinates of said monument being North 37,014.20 East
10,051.93, and running thence binding on part of said south
side of Lot 2, South 67 degrees 03 minutes 14 seconds
East 20.00 feet, thence for lines of division the three fol-
lowing courses and distances viz: first, South 22 degrees
56 minutes 46 seconds West 19.14 feet to intersect the
north edge of paving of Merryman's Mill Road 21.3 feet
wide, second, binding on the north edge of said paving
ORDINANCES 883
North 66 degrees 42 minutes 13 seconds West 20.00 feet,
and third, North 22 degrees 56 minutes 46 seconds East
19.02 feet to the place of beginning.
Sec. 2. And be it further ordained by the Mayor and
City Council of Baltimore, That the Mayor and City Coun-
cil of Baltimore, be and is hereby authorized to grant the
above described easement unto Wilmer S. Davidson
DAVISON and Doris S. Davidson, DAVISON, their per-
sonal representatives and assigns, owners of Lot 2 as shown
on a plat entitled "Resubdi vision of Section Three Cambria"
dated April 7, 1958 and recorded among plat records of
Baltimore County in Liber G.L.B. 25, folio 27, situate in
Baltimore County. Said right of way is to be used as a
means of access to and from the aforesaid Lot 2 as shown
on plat entitled "Resubdivision of Section Three Cambria".
The exclusive use of said strip of land is no longer
needed for public use.
Any deed or agreement granting said right-of-way shall
contain conditions therein that the City of Baltimore shall
in nowise be obligated for the maintenance of said right-of-
way, including the grading of the same and the removal
of snow therefrom. In the event it is necessary at any time
to regrade or widen Merryman's Mill Road the costs of
repairs or resurfacing of the rights-of-way shall be the re-
sponsibility and obligation of the abutting property owners.
Sec. 3. And be it further ordained, That this ordinance
shall take effect immediately on the date of its passage.
Approved July 19, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 837
(Council No. 1656)
An Ordinance to amend the Renewal Plan for the Popple ton
Urban Renewal project, which Plan was approved by
884 ORDINANCES Ord. No. 837
Ordinance No. 837, dated March 31, 1975, to, among
other things, (1) change the eastern boundary along the
700 blocks of W. Fayette Street, W. Fairmount Avenue,
and W. Baltimore Street to conform with the final right-
of-way line of the proposed City Boulevard ; (2) authorize
the acquisition by purchase or by condemnation by the
Mayor and City Council of Baltimore, for urban renewal
purposes, of certain properties; (3) change the proposed
land use of certain properties; (4) create or expand cer-
tain disposition parcels and establish corresponding
standards and controls where appropriate; (5) delete
certain properties from the list of non-conforming uses;
(6) recommend certain zoning district changes; (7) pro-
vide that the approval of said amendment to the Renewal
Plan is not an enactment of the proposed amendment to
the Zoning Ordinance of Baltimore City; (8) revise the
exhibits attached to said Plan to indicate the changes
provided therein; (9) waive such requirements, if any,
as to content or procedure for the preparation, adoption,
and approval of renewal plans as set forth in Ordinance
No. 152, dated June 28, 1968, as amended to date, which
the Renewal Plan for Poppleton may not meet; (10)
provide for the separability of the various parts and
applications of this ordinance; (11) provide that where
the provisions of this ordinance shall conflict with any
other ordinance, code or regulation, the provision which
establishes the higher standard shall prevail; and (12)
provide for the effective date hereof.
Whereas, a Renewal Plan for the Poppleton project was
approved by the Mayor and City Council of Baltimore by
Ordinance No. 837, dated March 31, 1975, and last amended
by Ordinance No. 353, dated June 27, 1977 ; and
Whereas, pursuant to Section 26, Article 13, of the
Baltimore City Code (1966 Edition), as amended to date,
no substantial change or changes shall be made in any re-
newal plan, after approval by ordinance, without such
change or changes first being adopted and approved in the
same manner as set forth in said Section 26 for the ap-
proval of a renewal plan, namely the preparation of such
change or changes by the Department of Housing and Com-
munity Development, the approval of such change or
changes by the Director of the Department of Planning,
ORDINANCES 885
and approval and adoption by an ordinance of the Mayor
and City Council of Baltimore after a public hearing in
relation thereto, all in the manner set forth in said Section
26; and
Whereas, extensive changes in the Renewal Plan make
it infeasible to make line-by-line changes; therefore, the
Department of Housing and Community Development has
prepared an amended Renewal Plan for Poppleton, includ-
ing all prior amendments to said Plan ; and
Whereas, said amended Renewal Plan for Poppleton has
been approved by the Director of the Department of Plan-
ning on April 26, 1978 with respect to its conformity to
the Master Plan, the detailed location of any public im-
provements proposed in the amended Renewal Plan, its
conformity to the rules and regulations for subdivisions,
and its conformity to all zoning changes proposed in the
amended Renewal Plan; and said amended Renewal Plan
has been approved and recommended to the Mayor and
City Council of Baltimore by the Commissioner of the
Department of Housing and Community Development on
May 4, 1978 ; now, therefore,
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the amended Renewal Plan for Popple-
ton, identified as "Urban Renewal Plan, Poppleton Urban
Renewal Project . . . revised to include Amendment No. 4
dated February 15, 1978 AND REVISED JUNE 14, 1978",
is hereby approved and the Clerk of the City Council is
hereby directed to file a copy of said amended Renewal Plan
with the Department of Legislative Reference as a perma-
nent public record and to make the same available for pub-
lic inspection and information.
Sec. 2. And be it further ordained, That the eastern
boundary of the Poppleton Urban Renewal area shall be
revised along the 700 blocks of W. Fayette Street, W. Fair-
mount Avenue, and W. Baltimore Street to conform with
the final western right-of-way line of the proposed City
Boulevard; therefore, the first "Whereas" clause of Ordi-
nance No. 837, dated March 31, 1975, is hereby amended to
read as follows:
886 ORDINANCES Ord. No. 837
Beginning for the same at the intersection of the west
side of North Carey Street and the south side of West
Mulberry Street; thence binding on the south side of West
Mulberry Street easterly to intersect the east side of North
Fremont Avenue; thence binding on the east side of North
Fremont Avenue southeasterly to intersect the south side
of West Saratoga Street; thence binding on the south side
of West Saratoga Street westerly to intersect the east side
of North Amity Street; thence binding on the east side of
North Amity Street southerly to intersect the north side
of West Lexington Street; thence binding on the north
side of West Lexington Street easterly to intersect the east
side of North Fremont Avenue; thence binding on the east
side of North Fremont Avenue southeasterly to intersect
the north side of West Fayette Street; thence binding on
the north side of West Fayette Street easterly to intersect
the west side of the proposed Boulevard right-of-way line;
thence binding on the west side of the proposed Boulevard
right-of-way line southerly to intersect the [north] south
side of Fairmount Avenue; thence binding on the west side
of the proposed Boulevard right-of-way line [southwesterly]
westerly and southerly to intersect the south side of West
Baltimore Street ; thence binding on the south side of West
Baltimore Street westerly to intersect the east side of South
Fremont Avenue; thence binding on the east side of South
Fremont Avenue southeasterly to intersect a line formed
by extending the north side of West Lombard Street, east
of South Fremont Avenue; thence binding on the line
formed by extending the north side of West Lombard
Street [and the north side of West Lombard Street] west-
erly to intersect the west side of Carey Street; thence
binding on the west side of Carey Street northerly to the
point of beginning.
Sec. 2. And be it further ordained, That it may be neces-
sary to acquire by purchase or by condemnation, for urban
renewal purposes, the fee simple interest or any lesser in-
terest in and to certain properties or portions thereof, to-
gether with all right, title, interest and estate that the
owner or owners of said property interests may have in all
streets, alleys, ways or lanes, public or private, both
abutting the whole area described and/or contained within
the perimeter of said area, situate in Baltimore City, Mary-
ORDINANCES 887
land, provided that these properties are not deemed neces-
sary by the Director of the Department of Public Works for
highway purposes, and described as follows:
764 W. Baltimore Street
800 W. Baltimore Street
824 W. Baltimore Street
824i/2 W. Baltimore Street
826 W. Baltimore Street
826i/2 W. Baltimore Street
834 W. Baltimore Street
838 W. Baltimore Street
840 W. Baltimore Street
842 W. Baltimore Street
844 W. Baltimore Street
850 W. Baltimore Street
854 W. Baltimore Street
856 W. Baltimore Street
858 W. Baltimore Street
860 W. Baltimore Street
862 W. Baltimore Street
864 W. Baltimore Street
866 W. Baltimore Street
868 W. Baltimore Street
872 W. Baltimore Street
890 W. Baltimore Street
892 W. Baltimore Street
894 W. Baltimore Street
896 W. Baltimore Street
896i/2 W. Baltimore Street
898 W. Baltimore Street
1100 Booth Street
1101 Booth Street
1103 Booth Street
1013 Boyd Street
1015 Boyd Street
1017 Boyd Street
1019 Boyd Street
1021 Boyd Street
7 N. Carey Street
235 N. Carey Street
325 N. Carey Street
ORDINANCES Ord. No. 837
3 S. Carlton Street
5 S. Carlton Street
7 S. Carlton Street
738 W. Fairmount Avenue
740 W. Fail-mount Avenue
742 W. Fairmount Avenue
744 W. Fairmount Avenue
746 W. Fairmount Avenue
748 W. Fairmount Avenue
750 W. Fail-mount Avenue
839 W. Fairmount Avenue
879 W. Fairmount Avenue
733 W. Fayette Street
735 W. Fayette Street
737 W. Fayette Street
739 W. Fayette Street
741 W. Fayette Street
743 W. Fayette Street
926 W. Fayette Street
314 N. Fremont Avenue
316 N. Fremont Avenue
318-22 N. Fremont Avenue
324 N. Fremont Avenue
326 N. Fremont Avenue
Rear 68', more or less, 1112 Hollins Street
1123 Hollins Street
1024 W. Lombard Street
45 Mt. Clare Street
903 W. Mulberry Street
905 W. Mulberry Street
907 W. Mulberry Street
909 W. Mulberry Street
911 W. Mulberry Street
913 W. Mulberry Street
915 W. Mulberry Street
917 W. Mulberry Street
919 W. Mulberry Street
921 W. Mulberry Street
ORDINANCES 889
802 Vine Street
823 Vine Street
838 Vine Street
839 Vine Street
842 Vine Street
861 Vine Street
870 Vine Street
Sec. 3. And be it further ordained, That the Real Estate
Acquisition Division of the Department of the Comptroller,
or such person or persons and in such manner as the Board
of Estimates, in the exercise of the power vested in it by
Article V, Section 5, of the Baltimore City Charter, may
hereafter from time to time designate, is or are authorized
to acquire on behalf of the Mayor and City Council of Bal-
timore and for the purposes described in this ordinance,
the fee simple interest or any lesser interest in and to the
properties or portions thereof hereinabove mentioned. If
the Real Estate Acquisition Division of the Department of
the Comptroller, or such person or persons and in such
manner as the Board of Estimates, in the exercise of the
Power vested in it by Article V, Section 5 of the Baltimore
City Charter, may hereafter from time to time designate,
is or are unable to agree with the owner or owners on the
purchase price for said properties or portions thereof, it or
they shall forthwith notify the City Solicitor of Baltimore
City, who shall thereupon institute in the name of the
Mayor and City Council of Baltimore the necessary legal
proceedings to acquire by condemnation the fee simple
interest or any lesser interest in and to said properties or
portions thereof.
Sec. 4. And be it further ordained, That the approval of
Amendment No. 4 to the Urban Renewal Plan for Popple-
ton shall not be construed as an enactment of such amend-
ments to the Zoning Ordinance as are proposed in said
Urban Renewal Plan.
Sec. 5. And be it further ordained, That in whatever re-
spect, if any, the Renewal Plan approved hereby for the
Poppleton area may not meet the requirements as to the
content of a renewal plan or the procedure for the prepara-
890 ORDINANCES Ord. No. 837
tion, adoption, and approval of renewal plans as provided
in Ordinance No. 152, approved June 28, 1968, as amended
to date, the said requirements are hereby waived and the
amended Renewal Plan approved hereby is exempted there-
from.
Sec. 6. And be it further ordained, That in the event it be
judicially determined that any word, phrase, clause, sen-
tence, paragraph, section or part in or of this ordinance
or the application thereof to any person or circumstances
is invalid, the remaining provisions and the application of
such provisions to other persons or circumstances shall not
be affected thereby, the Mayor and City Council hereby
declaring that they would have ordained the remaining
provisions of this ordinance without the word, phrase,
clause, sentence, paragraph, section or part or the applica-
tion thereof so held invalid.
Sec. 7. And be it further ordained, That in any case
where a provision of this ordinance concerns the same
subject matter as an existing provision of any zoning,
building, electrical, plumbing, health, fire or safety code
or regulation, the applicable provisions concerned shall be
construed so as to give effect to each; provided, however,
that if such provisions are found to be in irreconcilable
conflict, the provision which establishes the higher standard
for the promotion of the public health and safety shall
prevail. In any case where a provision of this ordinance is
found to be in conflict with an existing provision of any
other ordinance or code or regulation in force in the City
of Baltimore which establishes a lower standard for the
promotion and protection of the public health and safety,
the provision of this ordinance shall prevail, and the other
existing provision of such other ordinance or code or regu-
lation is hereby repealed to the extent that it may be found
in conflict with this ordinance.
SEC. 8. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved July 19, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
ORDINANCES 891
No. 838
(Council No. 1672)
An Ordinance to amend the Urban Renewal Plan for Sharp-
Leadenhall, which Plan was originally approved by Ordi-
nance No. 581, dated April 19, 1974, to, among other
things: (1) authorize the acquisition of certain prop-
erties by purchase or by condemnation by the Mayor and
City Council of Baltimore for urban renewal purposes;
(2) designate certain properties for clearance; (3)
change the land use of certain properties ; (4) recommend
corresponding zoning district changes, and identify non-
conforming uses effected thereby; (5) provide that the
approval of said amendment to the Renewal Plan is not an
enactment of the proposed amendment to the Zoning Ordi-
nance of Baltimore City; (6) modify the boundaries of
certain development lots for residential reuse; (7) revise
the exhibits attached to said Renewal Plan to indicate the
changes provided therein; (8) waive such requirements,
if any, as to content or procedure for the preparation,
adoption, and approval of renewal plans as set forth in
Ordinance No. 152, approved June 28, 1968, as amended
to date, which the Renewal Plan for Sharp-Lea denhall
may not meet; (9) provide for the separability of the
various parts and applications of this ordinance; (10)
provide that where the provisions of this ordinance shall
conflict with any other ordinance, code, or regulation, the
provision which establishes the higher standard shall
prevail; and (11) provide for the effective date hereof.
Whereas, a Renewal Plan for Sharp-Leadenhall was ap-
proved by the Mayor and City Council of Baltimore by Ordi-
nance No. 581, dated April 19, 1974 and last amended by
Ordinance No. 342, dated June 15, 1977; and
Whereas, pursuant to Section 26, Article 13 of the Balti-
more City Code (1966 Edition), as amended to date, no sub-
stantial change or changes shall be made in any renewal
plan, after approval by ordinance, without such change or
changes first being adopted and approved in the same
manner as set forth in said Section 26 for the approval of
renewal plans, namely the preparation of such change or
changes by the Department of Housing and Community De-
892 ORDINANCES Ord. No. 838
velopment, the approval of such change or changes by the
Director of the Department of Planning, and approval and
adoption by an ordinance of the Mayor and City Council of
Baltimore after a public hearing in relation thereto, all in
the manner set forth in said Section 26 ; and
Whereas, the Department of Housing and Community
Development has prepared a list of changes to the Renewal
Plan for Sharp-Leadenhall, known as "Urban Renewal Plan,
Sharp-Leadenhall . . . revised to include Amendment No. 4
dated February 21, 1978"; and
Whereas, said Amendment No. 4 to the Renewal Plan for
Sharp-Leadenhall has been approved by the Director of the
Department of Planning on April 19, 1978 with respect to
its conformity as to the Master Plan, the detailed location
of any public improvements proposed in the amended Re-
newal Plan, its conformity to the rules and regulations for
subdivisions, and all zoning changes proposed in the
amended Renewal Plan ; and said Amendment No. 4 to the
Renewal Plan has been approved and recommended to the
Mayor and City Council of Baltimore by the Commissioner
of the Department of Housing and Community Develop-
ment on May 8. 1978 ; now, therefore,
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the following amendments and changes
to the Renewal Plan for Sharp-Leadenhall, having been duly
reviewed and considered, are hereby approved, and the Clerk
of the City Council is hereby directed to file a copy of said
Renewal Plan revised to include Amendment No. 4, dated
February 21, 1978 AND REVISED JUNE 15, 1978, with
the Department of Legislative Reference as a permanent
public record and make the same available for public in-
spection and information.
1. In the Table of Contents, page ii, delete the section
entitled "Design Objectives", paragraph reference "C.4.C.",
page "11".
2. In the Table of Contents, page ii, under the section
entitled "EXHIBITS" change the dates on exhibits 2
through 5 4 from "4/1/77" to Ii2/31/W^ "6/15/78" AND
ON EXHIBIT 5 FROM "4/1/77" TO "2/21/78".
ORDINANCES 893
3. On page 4, under the section entitled "Non-Conform-
ing", delete the words "existing non-conforming uses or
are" in lines 6 and 7 ; also, in line 9, after the sentence end-
ing with "Exhibit 5.", insert the following new sentence:
"Also listed in Appendix B of this Plan and indicated on
Exhibit 5 are existing non-conforming uses which will con-
tinue to be non-conforming after the enactment of an ordi-
nance adopting the zoning proposals indicated on Exhibit
5."
4. On page 10, under the first subsection "(a)" at the
top of the page, in the second line, change the last word
"and" to "or".
5. Delete all of page 12 and the first paragraph on page
13, section entitled "Design Objectives".
6. On page 13, under Section D., entitled "DURATION
OF PROVISIONS AND REQUIREMENTS", delete the
existing language and insert in lieu thereof the following:
"The Sharp-Lead enhall Urban Renewal Plan, as it may be
amended from time to time, shall remain in full force and
effect for a period of forty (40) years from the date of
original adoption of this Renewal Plan by ordinance of the
Mayor and City Council of Baltimore."
7. On page 13, under Section E., entitled "PROCE-
DURES FOR CHANGES IN APPROVED PLAN", delete
the words "City Planning Commission" in the 4th line, and
insert in lieu thereof "Director of the Department of
Planning".
8. Delete "APPENDIX A, PROPERTIES FOR ACQUI-
SITION AND DISPOSITION FOR RESIDENTIAL RE-
HABILITATION", page 15, and insert in lieu thereof re-
vised Appendix A.
9. Delete "APPENDIX B, NON-CONFORMING
USES", page 16, and insert in lieu thereof revised Ap-
pendix B.
Sec. 2. And be it further ordained, That it may be neces-
sary to acquire, by purchase or by condemnation for urban
renewal purposes, the fee simple interest or any lesser in-
894 ORDINANCES Ord. No. 838
terest in and to certain properties or portions thereof, to-
gether with all right, title, interest, and estate that the
owner or owners of said property interests may have in all
streets, alleys, ways or lanes, public or private, both
abutting the whole area described and/or contained within
the perimeter of said area, situate in Baltimore City, Mary-
land, provided that said properties or portions thereof are
not deemed necessary by the Director of the Department of
Public Works for highway purposes, and described as
follows :
1007 Creek Street
1009 Creek Street
100 W. Cross Street
102 W. Cross Street
104 W. Cross Street
123 W. Cross Street
129 W. Cross Street
127 W. Hamburg Street
827 S. Hanover Street
829 S. Hanover Street
1003 Leadenhall Street
1005 Leadenhall Street
1007 Leadenhall Street
1009 Leadenhall Street
1011 Leadenhall Street
808 Peach Street
810 Peach Street
812 Peach Street
814 Peach Street
&J4 Poach Stroot
836 Peach Street
838 Peach Street
1121 Race Street
803 S. Sharp Street
807 S. Sharp Street
809 S. Sharp Street
815 S. Sharp Street
833 S. Sharp Street
835 S. Sharp Street
ORDINANCES 895
127 W. West Street
Ward 23, Section 7, Block 961, Lot 4
Sec. 3. And be it further ordained, That the Real Estate
Acquisition Division of the Department of the Comptroller,
or such person or persons and in such manner as the Board
of Estimates, in the exercise of the power vested in it by
Article V, Section 5, of the Baltimore City Charter, may
hereafter from time to time designate, is or are authorized
to acquire on behalf of the Mayor and City Council of Bal-
timore and for the purposes described in this ordinance, the
fee simple interest or any lesser interest in and to the prop-
erties or portions thereof hereinabove mentioned. If the
said Real Estate Acquisition Division of the Department of
the Comptroller, or such person or persons, and in such
manner as the Board of Estimates in the exercise of the
power vested in it by Article V, Section 5, of the Baltimore
City Charter, may hereafter from time to time designate,
is or are unable to agree with the owner or owners on the
purchase price for said properties or portions thereof, it or
they shall forthwith notify the City Solicitor of Baltimore
City, who shall thereupon institute in the name of the
Mayor and City Council of Baltimore the necessary legal
proceedings to acquire by condemnation the fee simple in-
terest or any lesser interest in and to said properties or
portions thereof.
Sec. 4. And be it further ordained, That the approval of
Amendment No. 4 to the Urban Renewal Plan for Sharp-
Leadenhall shall not be construed as an enactment of such
amendments to the Zoning Ordinance as are proposed in
said Urban Renewal Plan.
Sec. 5. And be it further ordained, That in whatever re-
spect, if any, the Renewal Plan approved hereby for the
Sharp-Leadenhall area may not meet the requirements as
to the content of a renewal plan or the procedure for the
preparation, adoption, and approval of renewal plans as
provided in Ordinance No. 152, approved June 28, 1968, as
amended to date, the said requirements are hereby waived
and the amended Renewal Plan approved hereby is ex-
empted therefrom.
896 ORDINANCES Ord. No. 838
Sec. 6. And be it further ordained, That in the event it be
judicially determined that any word, phrase, clause, sen-
tence, paragraph, section or part in or of this ordinance or
the application thereof to any person or circumstances is
invalid, the remaining provisions and the application of
such provisions to other persons or circumstances shall not
be affected thereby, the Mayor and City Council hereby
declaring that they would have ordained the remaining pro-
visions of this ordinance without the word, phrase, clause,
sentence, paragraph, section or part or the application
thereof so held invalid.
Sec. 7. And be it further ordained, That in any case where
a provision of this ordinance concerns the same subject
matter as an existing provision of any zoning, building,
electrical, plumbing, health, fire or safety code or regulation,
the applicable provisions concerned shall be construed so as
to give effect to each ; provided, however, that if such pro-
visions are found to be in irreconcilable conflict, the pro-
vision which establishes the higher standard for the pro-
motion of the public health and safety shall prevail. In any
case where a provision of this ordinance is found to be con-
flict with an existing provision of any other ordinance or
code or regulation in force in the City of Baltimore which
establishes a lower standard for the promotion and protec-
tion of the public health and safety, the provision of this
ordinance shall prevail, and the other existing provision of
such other ordinance or code or regulation is hereby re-
pealed to the extent that it may be found in conflict with
this ordinance.
Sec. 8. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved July 19, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
ORDINANCES 897
No. 839
(Council No. 1673)
An Ordinance to amend Ordinance No. 291 approved by the
Mayor and City Council of Baltimore on March 8, 1977,
adopting an Urban Renewal Plan for the Municipal
Center Area with regard to acquisition, and to amend
the Municipal Center Urban Renewal Plan with regard
to: (1) Section D.4. acquisition and (2) to add an Exhibit
F. "Acquisition Plan".
Whereas, Ordinance No. 291 adopting the Municipal
Center Area Urban Renewal Plan was approved by the
Mayor and City Council of Baltimore on March 8, 1977; and
Whereas, the Department of Housing and Community
Development desires to amend Ordinance No. 291 with re-
gard to acquisition, and to amend the Municipal Center
Area Urban Renewal Plan with regard to: (1) Section D.4.
Acquisition and (2) to add an Exhibit F "Acquisition
Plan"; and
Whereas, the following amendments to the Urban Re-
newal Plan were approved by the Director of the Depart-
ment of Planning of Baltimore on May 3, 1978, and were
approved and recommended to the City Council by the De-
partment of Housing and Community Development; now,
therefore,
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, that the following amendments to Ordinance
No. 291 adopting the Municipal Center Area Urban Re-
newal Plan and the Municipal Center Area Urban Renewal
Plan (hereinafter referred to as "Plan") having been duly
reviewed and considered are hereby approved and the Clerk
of the City Council is hereby directed to file a copy of said
amendments with the Department of Legislative Reference
as a permanent public record and make the same available
for public inspection and information:
(a) On Page 6 of Ordinance No. 291 strike out lines 41
through 47 and insert in lieu thereof:
" (c) Acquisition of Property
898 ORDINANCES Ord. No. 839
(i) Properties designated for acquisition on Exhibit
F "Acquisition Plan" (including parts thereof or interests
therein) will be acquired by purchase or condemnation. The
following properties will be acquired:
Block 1331 Lot 16 407 East Fayette Street
Block 1331 Lot 17 13-19 Holliday Street
(ii) It may be necessary to acquire by purchase or
by condemnation, for urban renewal purposes, the fee sim-
ple interest or any lesser interest in and to such of the
properties or portion thereof in the Municipal Center Area
not specifically designated for acquisition on Exhibit F
"Acquisition Plan", as may be deemed necessary by the
Commissioner to effect the proper implementation of the
Renewal Plan. This may include: "
(b) On Pages 6 and 7 of Ordinance No. 291 in lines 48,
52, and 56 redesignate paragraphs (i), (ii) and (iii) as
paragraphs (aa), (bb) and (cc).
(c) In the Table of Contents of the Plan in D.4. "Ac-
quisition of Property for Non-Compliance", delete the words
"for Non-Compliance".
(d) In the Table of Contents of the Plan following Ex-
hibit E "Right-of-Way Adjustments" add "Exhibit F, Ac-
quisition Plan".
(e) On Page 8 of the Plan at the beginning of Section
D.4. insert:
"Acquisition of Property
(a) Acquisition
A Property Acquisition Map, which designates those
properties to be acquired, is attached as Exhibit F."
(f ) On Page 8 of the Plan before the words "Acquisition
of Property for Non-Compliance" insert the letter and
parenthesis "(b)".
(g) On Page 8 of the Plan following Section D.4.(b)
redesignate subparts (a) through (c) as subparts (i)
through (iii).
(h) On Page 10 of the Plan in the heading of Section
D.6. strike out the words "for Nwn-Compliance".
ORDINANCES 899
(i) Following Exhibit E. of the Plan add Exhibit F.
"Acquisition Plan".
SEC. 2. And be it further ordained, that this ordinance
shall take effect from the date of its passage.
Approved July 19, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 840
(Council No. 1741)
An Ordinance authorizing the Mayor and City Council of
Baltimore to sell at either public or private sale in ac-
cordance with Article V, Section 5(b) of the City Char-
ter, all of the interest of the Mayor and City Council of
Baltimore in and to those parcels of land and improve-
ments known as Nos. 730, 732 and 734 W. Redwood
Street and 725, 727, 729, 731 W. Baltimore Street, Balti-
more, Maryland, said properties being no longer needed
for public use.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the Comptroller of Baltimore City be
and he is hereby authorized to sell at either public or pri-
vate sale in accordance with Article V, Section 5 (b) of the
City Charter, all of the interest of the Mayor and City
Council of Baltimore in and to those parcels of land situate
in Baltimore, Maryland, and described as follows:
730, 732 and 734 W. REDWOOD STREET
725, 727, 729, 731 W. BALTIMORE STREET
Said properties being no longer needed for public use.
Sec. 2. Be it further ordained, That no deed or deeds
shall pass in accordance herewith until the same shall have
been first approved by the City Solicitor.
900 ORDINANCES Old. No. 841
Sec. 3. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved July 19, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 841
(Council No. 1786)
An Ordinance to amend the Renewal Plan for Mount Ver-
non, which Plan was originally approved by Ordinance
No. 281, dated June 22, 1964, to, among other things,
(1) expand the boundaries of Mount Vernon to include
the block bounded by Howard, Read, Tyson, and Madison
Streets; (2) designate the properties at 801-899 N.
Howard Street, 216-222 W. Madison Street, and 235-245
W. Read Street as the Antique Row Commercial Area
and provide exterior rehabilitation standards for these
properties; (3) delete proposed widening of Saint Paul
Street between Centre and Monument Streets; (4) change
the use of the disposition lots bounded by Saint Paul
Street, Centre Street, former Hunter Street, and Monu-
ment Street from Residential to Mixed Use and revise
the standards and controls governing the development of
these lots; (5) revise the permitted land uses within
Mount Vernon; (6) delete minimum setback require-
ments on disposition lots bordering on Saint Paul Street;
(7) specify that plans for exterior rehabilitation and
change in use on any unacquired property be reviewed
by the Department of Housing and Community Develop-
ment; (8) revise procedures for notification of developers
of public hearings on Renewal Plan changes; (9) revise
the list of non-conforming uses to eliminate certain com-
mercial uses no longer in existence; (10) revise certain
exhibits attached to said Plan to indicate the changes
provided herein; (11) waive such requirements, if any,
as to content or procedure for the preparation, adoption,
and approval of renewal plans as set forth in Section 25
of Article 13 of the Baltimore City Code (1977 Cumula-
ORDINANCES 901
tive Supplement) ; (12) provide for the separability of
the various parts and applications of this ordinance;
(13) provide that where the provisions of this ordinance
shall conflict with any other ordinance, code or regula-
tion, the provisions which establish the higher standard
shall prevail; and (14) provide for the effective date
hereof.
Whereas, the Renewal Plan for Mount Vernon was ap-
proved by the Mayor and City Council of Baltimore by
Ordinance No. 281, dated June 22, 1964, and last amended
by Ordinance No. 120, dated June 30, 1976 ; and
Whereas, pursuant to Section 25, Article 13, of the
Baltimore City Code (1977 Cumulative Supplement), no
substantial change or changes shall be made in any re-
newal plan after approval by ordinance, without such
change or changes first being adopted and approved in the
same manner as set forth in said Section 25 for the ap-
proval of a renewal plan, namely the preparation of such
change or changes by the Department of Housing and Com-
munity Development, the approval of such change or
changes by the Director of the Department of Planning,
and approval and adoption by an ordinance of the Mayor
and City Council of Baltimore after A public hearing in rela-
tion thereto, all in the manner set forth in said Section
25; and
Whereas, extensive changes in the Renewal Plan for
Mount Vernon make it infeasible to make line-by-line
changes; therefore, the Department of Housing and Com-
munity Development has prepared an amended Renewal
Plan for Mount Vernon, revised to include Amendment No.
8, dated May 15, 1978 ; and
Whereas, the amended Renewal Plan for Mount Vernon
has been approved by the Director of the Department of
Planning on May 31, 1978, with respect to its conformity
as to the Master Plan; the detailed location of any public
improvements proposed in the amended Renewal Plan; its
conformity to the rules and regulations for subdivisions;
its conformity to existing zoning classifications; and the
amended Renewal Plan for Mount Vernon has been ap-
proved and recommended to the Mayor and City Council
of Baltimore by the Commissioner of the Department of
902 ORDINANCES Ord. No. 841
Housing and Community Development on June 7, 1978;
now, therefore,
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the following amendment and changes
to the Renewal Plan for Mount Vernon, having been duly-
reviewed and considered, are hereby approved and the Clerk
of the City Council is hereby directed to file a copy of said
Renewal Plan, revised to include Amendment No. 8, dated
May 15, 1978, with the Department of Legislative Refer-
ence as a permanent public record and to make the same
available for public inspection and information.
Sec. 2. And be it further ordained, That it is necessary
to expand the boundary of Mount Vernon to include the
block bounded by Howard, Read, Tyson, and Madison
Streets; therefore, the boundaiy description is hereby
amended to read as follows:
Beginning for the same at a point formed by the inter-
section of the center line of Howard Street, [82 feet wide],
and the south side of Centre Street, £66 feet wide]; and
running thence binding on the center line of said Howard
Street northerly £884 feet and 9 inches, more or less, to
intersect a line as produced westerly from the north side of
Madison Street, 66 feet wide ; thence binding reversely and
easterly on said line along the north side of said Madison
Street 208 feet, more or less, to intersect the west side of
Tyson Street, 22 feet wide ; thence binding on the west side
of said Tyson Street northerly 840 feet, more or less,] to
intersect the north side of Read Street, [66 feet wide];
thence binding on the north side of said Read Street south-
easterly and [725 feet and 9 inches, more or less, to inter-
sect the west side of Cathedral Street, 66 feet wide ; thence
binding on the north side of said Read Street] easterly
[225 feet and 10 inches, more or less], to intersect the
west side of Morton Street, [20 feet wide] ; thence binding
on the west side of said Morton Street northerly [494 feet,
and 6 inches, more or less], to intersect the north side of
Eager Street. £66 feet wide] ; thence binding on the north
side of said Eager Street easterly [1,406 feet and 10 inches,
more or less,] to intersect the east side of Guilford Avenue,
[60 feet wide] ;
ORDINANCES 903
thence binding on the east side of said Guilford Avenue
southerly £948 feet, more or less,] to intersect the south
side of Madison Street, [65 feet wide]; thence binding on
the south side of said Madison Street westerly £384 feet,
more or less,] to intersect the east side of Calvert Street,
[60 feet wide]; thence binding on the east side of said
Calvert Street southerly £320 feet, more or less,] to inter-
sect the north side of Monument Street, £66 feet wide];
thence binding on the north side of said Monument Street
easterly £307 feet and 4 inches, more or less,] to intersect
the west side of Guilford Avenue, £80 feet wide]; thence
binding on the west side of Guilford Avenue southerly
[497 feet and 7 inches, more or less,] to intersect the south
side of Centre Street, £66 feet wide]; thence binding on
the south side of said Centre Street, westerly £306 feet and
5 inches, more or less,] to intersect the east side of Calvert
Street, £60 feet wide] ; thence binding on the east side of
said Calvert Street southerly £450 feet, more or less,] to
intersect a line as produced easterly from the south side of
Franklin Street, £70 feet wide] ;
thence binding reversely on the south side of said Franklin
Street westerly £190 feet, more or less,] to intersect the
west side of Hargrove Alley, £20 feet wide]; thence bind-
ing on the west side of said Hargrove Alley northerly £210
feet, more or less,] to intersect the south side of Hamilton
Street, £40 feet wide] ; thence binding on the south side of
Hamilton Street westerly £307 feet and 2 inches, more or
less,] to intersect the west side of St. Paul Place, £80 feet
wide]; thence binding on the west side of said St. Paul
Place northeasterly £259 feet and 4 inches, more or less,]
to intersect the south side of Centre Street £, 66 feet wide] ;
thence binding on the south side of said Centre Street
westerly £1628 feet and 3 inches, more or less,] to the point
of beginning.
Sec. 3. And be it further ordained, That over and above
the codes and ordinances of the City of Baltimore, the fol-
lowing additional standards shall be applied to the proper-
ties, whether occupied or vacant, at 801-899 N. Howard
Street, 216-222 W. Madison Street, and 235-245 W. Read
Street, designated as the Antique Row Commercial Area:
(1) Building Fronts
904 ORDINANCES Ord. No. 841
(a) Repair and Maintenance
All structural and decorative elements of building fronts
including storefronts, doors, windows, cornices, roofs, dor-
mers, shutters and downspouts, and masonry along Howard,
Madison and Read Streets shall be repaired and kept in
good condition. Brickwork or other surfaces shall be re-
paired and cleaned as necessary. All woodwork shall be
finished with paint or other acceptable finish in an accept-
able color.
Existing miscellaneous elements on building fronts, such as
empty electrical conduits, unused sign brackets, etc., shall
be removed.
(b) Applied Facing Material
Where the original building facade has received alterations
through the use of applied facing material (s), such as cor-
rugated metal, siding, or formstone, the facade shall be
renewed either by removing the applied facing material
and repairing and refinishing the original facade, or by
treating the applied facing material so that it is harmoni-
ous and compatible with the building facade and the block
face.
(c) Storefronts
Storefronts in substantial conformity with the original de-
sign shall be refurbished. Storefronts that are inconsistent
with the original design character shall be modified to be
compatible with the scale and character of the Antique
Row Commercial Area.
It is the intent of the Plan that show windows predominate
at street level and that large blank wall areas at first floor
be avoided.
(d) Windows
Window openings in upper floors shall not be filled or
boarded up.
Painting of window glass at any floor except for authorized
identification in Section (4) Signs below shall not be
permitted.
Window shutters may be used on the exterior, placed in
pairs on both sides of windows.
ORDINANCES 905
(e) Awnings
Awnings made out of canvas, vinyl or other soft material
shall be permitted in accordance with the provisions of the
City Ordinance.
(f ) Security Grilles
Enclosures and housings for any security grilles and screens
shall be as inconspicuous as possible and shall be compatible
with other elements of the facade.
(g) Roofs and Dormer Windows
Sloping roofs and dormer windows visible from public
streets shall be considered part of the building front and
shall be kept in good repair. Colors shall be compatible with
the building facade.
(h) Gutters and Downspouts
Sheet metal gutters and downspouts shall be repaired or
replaced as necessary and shall be neatly located and se-
curely installed. Finish color shall be chosen to blend with
the building facade.
(i) Modern Conveniences
Television or radio antennas, condenser elements, window
air-conditioning units, visible from public streets, shall be
treated and placed so that they are as inconspicuous as
possible.
(2) Si4e Walls an4 Rea* ¥a*ds REAR AND SIDE
WALLS
Rear and side walls shall be repaired and finished to
present a neat and finished appearance.
(3) Parking Lots
Parking lots, including ancillary surface parking lots
visible from Howard or Read Streets shall be effectively
screened and landscaped. Screening shall be accomplished
with masonry walls or other acceptable materials and de-
tails which are compatible and harmonious with the design
character of the Antique Row area.
It is the intent of the Plan that the screening wall matches
as closely as possible the material and construction tech-
nique of one of the adjacent structures.
906 ORDINANCES Ord. No. 841
Screening and landscaping shall be designed and placed so
as not to obstruct vehicle sight distances at entrances and
exits.
(4) Signs
(a) Signs shall not exceed in area twice the width
in feet of the frontage of the building. In case of corner
properties, each facade is to be calculated separately as to
size allowed for each.
(b) Roof top signs shall not be permitted. Signs
shall not interfere with important architectural details of
a building, such as cornices, frieze, and arches. Sign place-
ment shall be on a flat portion of the facade or entirely
within the confines of an opening.
(c) No signs other than those identifying the prop-
erty where they are installed or identifying the use con-
ducted therein shall be permitted. Advertising by material
or product manufacturers shall not be permitted except as
primary identification of an establishment.
All lighting and electrical elements of signs such as wires,
conduits, junction boxes, transformers, ballasts, switches,
and panel boxes shall be concealed from view as much as
possible.
(d) Non-illuminated signs attached at right angles
to a building are permitted provided that there is no more
than one (1) such sign for each storefront, it projects no
more than four (4) feet across the building line, does not
exceed six (6) square feet in area and does not exceed in
height the second story window sill level.
All new projecting signs shall be in accordance with the
above criteria. Existing projecting signs that do not con-
form to the above criteria may continue to remain until
change of ownership of the property, change of use of the
property, or any design or structural change to the existing
sign, whichever occurs first.
(e) Projecting banners or flags made out of cloth or
other soft material of approved design are permitted.
Graphic signs depicting the business and use of symbols
are encouraged. Painted or inlaid signs on cloth awnings
are permitted. Size, shape, letter style (s), colors, method
ORDINANCES 907
of installation and general compatibility of graphic signs
and banners with the building should be considered.
(f ) Show windows shall not be painted for advertis-
ing purposes but may be painted for authorized identifica-
tion of the place of business. Temporary or permanent
signs applied or placed against any surface or a show win-
dow shall not exceed 20% of the area of that show window.
Flashing or moving signs other than barber poles shall not
be permitted.
(g) No new general advertising signs (billboards
and posterboards) shall be allowed within the Antique Row
area. Existing general advertising signs shall be terminated
within five years.
No signs shall be permitted except as herein provided or
as otherwise authorized by the Commissioner of the De-
partment of Housing and Community Development.
(5) Period of Compliance
All exterior rehabilitation work necessary to meet the
above standards for the Antique Row Commercial Area
shall be completed within twelve (12) months from effec-
tive date of this ordinance, unless extended by the Commis-
sioner of the Department of Housing and Community
Development.
No work, alterations, or improvements shall be undertaken
after enactment of this Plan which do not conform with the
requirements herein.
Nothing herein shall be construed to permit any sign, con-
struction, alteration, change, repair, use or any other mat-
ter otherwise forbidden or restricted or controlled by any
other public law.
(6) Plan Review
Within the Antique Row area, plans for all building
improvements, modifications, repair, demolition, rehabilita-
tion, signs, or painting concerning the exterior of the exist-
ing buildings, and for all new construction shall be sub-
mitted for review to the Commissioner of the Department
of Housing and Community Development and written ap-
proval by the Department shall be required before proceed-
ing with the work.
908 ORDINANCES Ord. No. 841
(a) Exterior rehabilitation plans shall include entire
building- elevation, drawn at a suitable scale, to show in
sufficient detail the storefront design, windows, cornices,
colors, materials, signs, lighting, awning and other archi-
tectural features.
The review of plans shall be concerned with all aspects of
design affecting exterior appearance and in particular with
the following:
— Design of storefront and entrance areas including choice
of materials and colors;
— Design of signs and awnings including colors, materials,
illumination and method of installation ; and
— Finish materials and colors for all other portions of
exterior facade (s) including windows, masonry, and
cornices.
(b) Community Review
The Commissioner of the Department of Housing and Com-
munity Development may submit to the Howard, Read and
Tyson Streets Association, Inc. or its successor for its re-
view and comment, any plan or plans submitted to him
under the provisions of Section (6) (a) above. The written
comments and recommendations from this review shall be
transmitted to the Department of Housing and Community
Development no later than three (3) weeks after the plans
have been submitted to the Howard, Read and Tyson Streets
Association, Inc.; otherwise, it is presumed that the plans
are acceptable. The Commissioner of the Department of
Housing and Community Development retains the final au-
thority to approve or disapprove all plans.
Sec. 4. And be it further ordained, That any person vio-
lating any of the provisions of Section 3 of this ordinance
shall be guilty of a misdemeanor and shall be subject to a
fine not exceeding One Hundred Dollars ($100.00) and that
each day's violation shall constitute a separate offense.
Sec. 5. And be it further ordained, That in whatever re-
spect, if any, the amended Renewal Plan approved hereby
for Mount Vernon may not meet the requirements as to the
content of a Renewal Plan or the procedures for the prep-
aration, adoption, and approval of Renewal PlanS, as pro-
ORDINANCES 909
vided in Section 25 of Article 13 of the Baltimore City Code
(1977 Cumulative Supplement), the said requirements are
hereby waived and the amended Renewal Plan approved
hereby is exempted therefrom.
Sec. 6. And be it further ordained, That in the event it be
judicially determined that any word, phrase, clause, sen-
tence, paragraph, section or part in or of this ordinance or
the application thereof to any person or circumstances is
invalid, the remaining provisions and the application of
such provisions to other persons or circumstances shall not
be affected thereby, the Mayor and City Council hereby
declaring that they would have ordained the remaining pro-
visions of this ordinance without the word, phrase, clause,
sentence, paragraph, section, or part or the application
thereof so held invalid.
Sec. 7. And be it further ordained, That in any case
where a provision of this ordinance concerns the same sub-
ject matter as an existing provision of any zoning, building,
electrical, plumbing, health, fire or safety ordinance or code
or regulation, the applicable provisions concerned shall be
construed so as to give effect to each; provided, however,
that if such provisions are found to be in irreconcilable con-
flict, the provision which establishes the higher standard
for the promotion of the public health and safety shall
prevail. In any case where a provision of this ordinance is
found to be in conflict with an existing provision of any
other ordinance or code or regulation in force in the City of
Baltimore which establishes a lower standard for the pro-
motion and protection of the public health and safety, the
provision of this ordinance shall prevail, and the other
existing provision of such other ordinance or code or regu-
lation is hereby repealed to the extent that it may be found
in conflict with this ordinance.
Sec. 8. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved July 19, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
910 ORDINANCES Ord. No. 842
No. 842
(Council No. 1833)
An Ordinance authorizing and providing for the issuance
from time to time, by The Mayor and City Council of
Baltimore, Maryland of its revenue bonds, designated
'Tort Facilities Revenue Bonds (Apex Oil Company
Project)" in an aggregate principal amount not exceed-
ing $5,000,000 pursuant to the provisions of Sections
266A through 266-1, inclusive, of Article 41 of the An-
notated Code of Maryland (1978 Replacement Volume)
in order to loan the proceeds to Petroleum Fuel and
Terminal Company, a Missouri corporation and a wholly
owned subsidiary of Apex Oil Company, a Missouri cor-
poration, for the sole and exclusive purpose of financing
the acquisition of certain port facilities in the City of
Baltimore as provided in this ordinance; making certain
legislative findings, among others, concerning the public
benefit and purpose of the revenue bonds; providing that
such revenue bonds (a) shall be payable solely and only
from revenue derived from payments to the City on
account of such loan and (b) shall not ever constitute
within the meaning of any constitutional or charter pro-
vision or otherwise (i) an indebtedness of Mayor and
City Council of Baltimore, or any other political subdivi-
sion or (ii) a charge against the general credit or taxing
powers of such City; providing that this ordinance shall
constitute a binding and enforceable commitment by
such City to issue the revenue bonds so authorized; au-
thorizing the private sale of such revenue bonds; pro-
viding that certain matters pertaining to such revenue
bonds, including (without limitation) amounts and dates
of any series of such revenue bonds, maturity or maturi-
ties, sinking fund requirements and redemption provi-
sions, shall be determined administratively at or prior
to the time of such private sale of any series of such
revenue bonds by resolution of the City Council of Balti-
more approved by the Mayor or Acting Mayor of Balti-
more; delegating various matters to the Commissioners
of Finance of the City, including (without limitation)
the sale of any series of such revenue bonds, the estab-
lishment of the interest rate or rates at the time of such
ORDINANCES 911
private sale and the appointment of a trustee to act
under the ordinance as a trustee for all moneys received
by the City hereunder; providing that such City Council
may determine administratively by resolution or by other
appropriate action all other matters pertaining to the
issuance, sale and delivery of any series of such revenue
bonds, including (without limitation) the provisions of
trust between the City and the trustee, the execution of
a loan agreement and guaranty agreement, the creation
of a loan or construction fund to be held by the trustee
and provision for its disbursement, provision for the in-
vestment of moneys held by the trustee, provision of
remedies for bondholders in the event of default, and
provision for the enactment of supplemental ordinances
and resolutions; and generally providing for and deter-
mining various matters in connection with the authoriza-
tion, issuance, security, sale and payment of such revenue
bonds.
RECITALS
Sections 266A through 266-1, inclusive, of Article 41 of the
Annotated Code of Maryland (1978 Replacement Vol-
ume), as re-enacted, with amendments, by Chapter 352
of the Laws of Maryland of 1972 and as amended by
Chapter 396 of the Laws of Maryland of 1973, Chapter
342 of the Laws of Maryland of 1975, Chapter 421 of the
Laws of Maryland of 1976 and Chapters 348 and 528 of
the Laws of Maryland of 1977 (collectively, the "Enab-
ling Legislation") constitute those provisions of Mary-
land law authorizing the issuance of industrial revenue
bonds by all the counties and municipalities of the State
of Maryland (the "State").
The Enabling Legislation now empowers the counties and
municipalities of the State (including the Mayor and City
Council of Baltimore) to issue revenue bonds and to loan
the proceeds of the sale of such revenue bonds to a port
facility tenant or purchaser to finance the acquisition by
such port facility tenant or purchaser of port facilities.
The Enabling Legislation declares it to be the legislative
purpose to relieve conditions of unemployment in the
State, to encourage the increase of industry and a bal-
anced economy in the State, to assist in the retention of
existing industry in the State, to promote economic de-
912 ORDINANCES Ord. No. 842
velopment, and in this manner to promote the health,
welfare, and safety of the residents of each of the coun-
ties and municipalities of the State.
Mayor and City Council of Baltimore (the "City") has de-
termined to issue and sell not exceeding $5,000,000 ag-
gregate principal amount of its revenue bonds, herein-
after designated "Port Facilities Revenue Bonds (Apex
Oil Company Project") (the "Bonds") and to loan the
proceeds of such Bonds to Petroleum Fuel & Terminal
Company, a Missouri corporation and a port facility
tenant or purchaser as mentioned in the Enabling Legis-
lation (the "Subsidiary") and a wholly owned subsidiary
of Apex Oil Company, a Missouri corporation (the "Par-
ent"), on the terms and conditions to be set forth in a
loan agreement executed pursuant to this ordinance (the
"Loan Agreement") in order to finance the acquisition
of certain port facilities in the City as described below
(the "Facilities").
The Facilities consist of two new, fire-protected, petroleum
products storage tanks having a total capacity of 300,000-
400,000 barrels, to be installed on or adjacent to the
Subsidiary's port facilities located on South Clinton Street
in the City of Baltimore.
The Subsidiary and the Parent have developed estimates of
the cost of acquisition of the Facilities based on existing
technology and regulations together with presently avail-
able studies, cost data and other relevant information.
Experience in the financing and acquisition of such fa-
cilities has demonstrated that developing technology,
changing requirements of Federal and State regulatory
agencies, changing economic circumstances and substan-
tial inflation in acquisition costs, among other matters,
often render the initial estimate of the cost of such fa-
cilities inadequate. Accordingly, the City has determined
to authorize the issuance of the Bonds in an amount
exceeding the presently estimated cost of the acquisition
of the Facilities, with the intention that no series of
Bonds shall be issued pursuant to this ordinance in an
amount in excess of the cost of the Facilities being
financed by such Bonds as estimated at the time of the
issuance of such Bonds. (Such cost may include, without
ORDINANCES 913
limitation, underwriting discount, interest during con-
struction, if any, and financing costs such as fees of
attorneys, accountants and other consultants.)
This ordinance authorizes a transaction which the Subsidi-
ary and the Parent proposed to the City by a letter of
intent dated May 31, 1978, in accordance with Section
266B(d) of the Enabling Legislation.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That, acting pursuant to the Enabling Legis-
lation, it is hereby found and determined, as follows:
(1) The issuance of revenue bonds by the City pursuant
to the Enabling Legislation in order to loan the proceeds
to the Subsidiary for the sole and exclusive purpose of
acquiring port facilities within the meaning of the Enabling
Legislation will facilitate and expedite the acquisition of
such port facilities by the Subsidiary;
(2) The accomplishment of the transactions contem-
plated and authorized by this ordinance, including (with-
out limitation) the acquisition of the Facilities by the Sub-
sidiary and the financing thereof will (i) sustain and in-
crease jobs and employment, thereby relieving conditions
of unemployment in the State and in the City; (ii) encour-
age the increase of industry and a balanced economy in
the State and in the City; (iii) assist in the retention of
existing industry in the State and in the City; (iv) pro-
mote economic development; and (v) promote the health,
welfare and safety of the residents of the City and of the
State.
(3) In addition to authorizing the City itself to acquire
and either to lease or to sell such facilities to a port fa-
cility tenant or purchaser, the Enabling Legislation, as an
alternative procedure, authorizes port facilities financing to
be accomplished in the form of a loan to the Subsidiary.
The loan form of transaction avoids indirect costs and bur-
dens on the City by not requiring any direct involvement
by the City in the construction, ownership or administra-
tion of such facilities; however, it permits controls to be
imposed on the use of the proceeds of the Bonds to insure
that the public purposes of the Enabling Legislation and
the Bonds are fully accomplished. It is, therefore, in the
914 ORDINANCES Ord. No. 842
best interests of the citizens of the City to finance the
Facilities by a loan to the Subsidiary. This ordinance con-
templates and authorizes a transaction in the form of a
loan of the proceeds of the Bonds by the City to the Sub-
sidiary, rather than a transaction in the form of a lease
or sale of the Facilities. Accordingly, this ordinance and
the Loan Agreement hereby authorized contain such provi-
sions as the City deems appropriate to effect the financing
of the Facilities by the loan form of transaction.
(4) Neither the Bonds nor interest coupons issued un-
der the authority of the Enabling Legislation constitute an
indebtedness of the City or a charge against the general
credit or taxing powers of the City within the meaning of
any constitutional provision or provisions of the City
Charter or statutory limitation and shall never constitute
or give rise to any pecuniary liability of the City. The prin-
cipal amount of the loan and the payments to be made by
the Subsidiary pursuant to the Loan Agreement will be
paid directly to, and will be disbursed by, the independent
trustee appointed by the Commissioners of Finance of the
City pursuant hereto; no such moneys will be commingled
with the City's funds or be subject to the absolute control
of the City but only to such limited supervision and checks
as are deemed necessary or desirable to insure that the
proceeds of the Bonds are used to accomplish the public
purposes of the Enabling Legislation and this ordinance.
The Enabling Legislation provides that a loan form of
transaction thereunder shall not constitute a capital project
within the meaning of any charter or statutory provision.
The public purposes expressed in the Enabling Legislation
are intended to be achieved by facilitating the acquisition
of port facilities by the Subsidiary.
(5) The City will acquire no interest in the Facilities
either on behalf of the City or for the purpose of creating
any security for the Bonds, which security shall be solely
and exclusively the absolute, irrevocable, unconditional ob-
ligation of the Subsidiary and the Parent to make the pay-
ments required by the Loan Agreement and the Guaranty
Agreement (as the case may be). Accordingly, this ordi-
nance definitely fixes and determines that the amount of
revenue necessary to be set apart and applied to the pay-
ment of principal, interest and premium of the Bonds shall
ORDINANCES 915
foe the entire amount of the receipts and revenues of the
City from payments under the Loan Agreement except for
any rights of the City to indemnification and to payments
for the City's administrative expenses.
(6) (a) No part or proportion of the receipts and
revenues of the City from the loan shall be set aside as a
depreciation account (mentioned in the Enabling Legisla-
tion) since neither the City nor the holders of Bonds de-
sire, or are creating, any interest in the Facilities and such
a depreciation account would (i) be inconsistent with the
transactions authorized hereby and (ii) place an unreason-
able burden on the Subsidiary so as to adversely affect the
feasibility of the transactions and thus frustrate the legis-
lative purposes of the Enabling Legislation and (b) a cov-
enant such as that permitted by Section 266G(c) of the
Enabling Legislation is similarly inconsistent with the form
of transaction authorized hereby in which neither the City
nor the Bondholders obtain or retain an interest in the
Facilities. Such a covenant is, therefore, a procedure which
is not contemplated by the Enabling Legislation in connec-
tion with this transaction.
Sec. 2. And be it further ordained, That this ordinance
is intended to be, and shall constitute, a binding and en-
forceable commitment by the City to the Subsidiary and
the Parent to issue and deliver the Bonds authorized hereby
in accordance with the terms hereof. It is contemplated
that the Subsidiary and the Parent may proceed with the
acquisition of the Facilities prior to the issuance and de-
livery of the Bonds authorized hereby in reliance upon the
enactment of this ordinance by the City.
Sec. 3. And be it further ordained, That the issuance,
sale and delivery of not exceeding $5,000,000 aggregate
principal amount of revenue bonds, hereby designated
"Port Facilities Revenue Bonds (Apex Oil Company Proj-
ect)", are hereby authorized, subject to the provisions of
this ordinance, such Bonds to be solely and exclusively pay-
able from, and secured by, the revenue derived from pay-
ments on the loan to the Subsidiary as provided herein.
The aggregate principal amount of Bonds issued, sold and
delivered pursuant to this ordinance shall not exceed
916 ORDINANCES Ord. No. 842
$5,000,000 unless such amount shall be increased by an
ordinance supplemental hereto.
The City Council hereby recognizes the function of the
Mayor and the Commissioners of Finance in making the
executive and administrative determinations necessary for
the issuance of bonds of the City. However, the Enabling
Legislation constitutes a public general law of the State of
Maryland to which the provisions of the Baltimore City
Charter are subject. The Enabling Legislation, moreover,
provides that the legislative body of the City shall make
various determinations in connection with the authoriza-
tion, issuance and sale of the Bonds. This ordinance, there-
fore, provides that the City Council shall make certain
administrative determinations in connection with the issu-
ance and sale of the Bonds, such determinations to be
effective only after approval by the Mayor or Acting
Mayor. Thus, the purpose and intent of both the Baltimore
City Charter and the Enabling Legislation will be accom-
plished by requiring action of both the City Council and
the Mayor or Acting Mayor to accomplish the final issuance
and sale of the Bonds.
The Bonds authorized by this ordinance may be issued
in one or more series, and each such series shall be identi-
fied by a letter designation, so that the first series (if the
issuance of more than one series of Bonds hereunder is
then contemplated) shall be designated 'Tort Facilities
Revenue Bonds (Apex Oil Company Project), Series A".
The Bonds may be further identified by the year of issue or
such other appropriate designation as the City Council may
determine by resolution adopted prior to the delivery of the
Bonds. The aggregate principal amount of Bonds to be is-
sued pursuant to this ordinance at any one time shall be de-
termined by the City Council by resolution adopted prior
to the delivery of the Bonds.
In the event more than one series of Bonds is issued
hereunder, it is contemplated that a separate series (which
may be evidenced by a single instrument) of notes or other
obligations of the Subsidiary (evidencing the obligation of
the Subsidiary to repay the loan from the City) be issued
to correspond with, and secure, each separate series of
Bonds issued hereunder.
ORDINANCES 917
The Bonds of a series of Bonds shall be dated as of the
first day of the month next following the date on which
such series of Bonds is sold unless the City Council shall
specify a different date in its resolution hereinafter de-
scribed. Such Bonds shall bear interest at an annual rate
or rates payable semi-annually following the date of such
series of Bonds so that, if the Bonds of a series are dated
July 1, 1978, interest on that series of Bonds will be payable
on January 1, 1979, July 1, 1979, and semi-annually
thereafter.
The Bonds of each series of Bonds issued hereunder shall
mature on such date or dates as may be provided in the
resolution of the City Council hereinafter described, but
the last maturity of any such series of Bonds shall in no
event exceed a period of twenty-five (25) years from the
date of such series of Bonds (or such later date as may be
permitted under the terms of the Enabling Legislation in
effect on the date of such series of Bonds). If the said
resolution of the City Council hereinafter described does
not provide any maturity or maturities for a series of
Bonds, all of the Bonds of such series shall mature on the
date twenty-five (25) years from the date of such series of
Bonds (or such later date as may be permitted under the
terms of the Enabling Legislation in effect on the date of
such series of Bonds) .
Sec. 4. And be it further ordained, That, prior to the
delivery of any series of Bonds, the City Council shall
adopt a resolution or resolutions which shall prescribe (i)
the principal amount of Bonds to be issued as a series at
any one time, (ii) redemption provisions for such series of
Bonds, and (iii) the sinking fund requirements, if any, for
such series of Bonds.
Prior to the delivery of any series of Bonds, the City
Council may also adopt a resolution or resolutions which
may prescribe (i) the date of issue of such series of Bonds,
(ii) the maturity or maturities of such series of Bonds,
(iii) any additional terms necessary or appropriate to re-
flect any matters provided by resolution and (iv) such other
matters as may be deemed appropriate by the City Council.
Any resolution or resolutions adopted pursuant to this
section of this ordinance shall be deemed to be of an ad-
918 ORDINANCES Ord. No. 842
ministrative nature and shall be effective upon approval
by the Mayor or Acting Mayor of the City.
Sec. 5. And be it further ordained, That it is hereby
found and determined that the best interests of the City
will be served by selling the Bonds at private sale as au-
thorized by the Enabling Legislation, upon the terms and
conditions determined by the Commissioners of Finance as
hereinafter authorized.
Authority is hereby conferred on the Commissioners of
Finance of the City to take the following actions and to
make the following commitments on behalf of the City:
(a) to determine the date, time and place when an un-
derwriting agreement shall be submitted by the under-
writers for the Bonds, such underwriting agreement to
specify the interest rate or rates proposed to be paid on
the Bonds, the price at which such Bonds are to be sold to
such underwriters, and such other matters as the under-
writers and such Commissioners of Finance may deem
necessary or desirable in order to effect the sale and de-
livery of the Bonds;
(b) to determine the interest rate or rates to be paid
by the City on the Bonds in accordance with the proposed
underwriting agreement submitted by the underwriters for
the Bonds, but only after the Subsidiary shall have given
the City written approval of such rate or rates;
(c) to appoint a bank having trust powers, or a trust
company, as trustee for the Bonds to be issued pursuant
to this ordinance ; and
(d) in order to insure that such Bonds are issued with-
out direct cost to the City, to provide for the payment,
directly by the Subsidiary, of all costs, fees, and expenses
incurred by or on behalf of the City in connection with the
issuance of the Bonds, such payments to include (without
limitation) compensation to any persons performing serv-
ices by or on behalf of the City in connection with the
transactions contemplated by this ordinance.
Authority is hereby conferred on the Mayor or Acting
Mayor of the City to take the following actions and to make
the following commitments on behalf of the City:
ORDINANCES 919
(a) to execute and deliver a loan agreement by and
between the City and the Subsidiary and a guaranty agree-
ment by and between the City and the Parent in the forms
determined by resolution of the City Council approved by
the Mayor or Acting Mayor as authorized by Section 7 of
this ordinance; and
(b) to execute and deliver, as a binding and enforceable
obligation of the City, the underwriting agreement for the
Bonds by and between the City and the underwriters for
the Bonds and to proceed to accomplish any and all actions
necessary or deemed appropriate by either of them to issue
and deliver the Bonds to such underwriters in accordance
with the provisions of this ordinance and the underwriting
agreement.
Sec. 6. And be it further ordained, That, in authorizing
the sale of revenue bonds to finance port facilities for the
Subsidiary pursuant to the Enabling Legislation, the Mayor
and City Council are hereby empowered to provide that the
revenue bonds authorized by this ordinance and any revenue
bonds authorized for such purpose by other ordinances, may
be consolidated and sold as one or more issues or series of
revenue bonds, without regard to the date of enactment of
any ordinance authorizing the issuance of such revenue
bonds. The aggregate principal amount of revenue bonds
authorized by this ordinance may be increased, from time
to time, and the description of the Facilities may be supple-
mented or modified by ordinances supplemental to this ordi-
nance. Nothing contained in this ordinance is intended to
require the adoption of an ordinance supplemental to this
ordinance to authorize the deletion of any one or more items
of the port facilities constituting the Facilities. The Mayor
and City Council are hereby expressly authorized, in their
discretion and based upon their determinations from time
to time, to omit any part of the Facilities from the port
facilities to be financed by revenue bonds issued pursuant
to this ordinance. It is the purpose and intent of this section
that the Mayor and City Council be afforded broad discre-
tion in the structuring and scheduling of revenue bond is-
sues, whether authorized by this ordinance or otherwise, to
finance port facilities for the Subsidiary in order that the
920 ORDINANCES Ord. No. 842
public purpose of the Enabling Legislation and this ordi-
nance may be realized.
Sec. 7. And be it further ordained, That, prior to the sale
of any series of Bonds, the City Council may (without
limitation) determine administratively by resolution or by
other appropriate action :
(1) the provisions of trust between the City and the
trustee ;
(2) the manner of execution, authentication, registra-
tion and transfer of the Bonds ;
(3) provisions for authentication and delivery of the
Bonds;
(4) the provisions of the Loan Agreement between the
City and the Subsidiary;
(5) the terms of the note or other evidence of the obli-
gation of the Subsidiary issued for each series of Bonds ;
(6) the provisions of the Guaranty Agreement between
the City and the Parent ;
(7) provision for creation, holding and disbursement of
an escrow fund to be held by the trustee ;
(8) provisions for creation, holding and disbursement
of any other funds and accounts to be held by the trustee;
(9) provisions for the application of receipts and reve-
nues from the City on account of the loan ;
(10) provisions for the security for and investment of
moneys held by the trustee ;
(11) the details of the procedure for the redemption of
the Bonds;
(12) remedies for holders of the Bonds in the event of
default ;
(13) the duties, rights and immunities of the trustee;
(14) the manner of execution of instruments by holders
of the Bonds and the method of proof of ownership of the
Bonds;
ORDINANCES 921
(15) provisions for modification of this ordinance, the
Loan Agreement, the Guaranty Agreement, and any resolu-
tion or other action of the Mayor, City Council and Com-
missioners of Finance pertaining to the Bonds ;
(16) provisions for defeasance;
(17) the forms of the Bonds, coupons and the trustee's
authentication certificate; and
(18) such other matters in connection with the authori-
zation, issuance, security, sale and payment of the Bonds as
may be deemed appropriate by the City Council.
Any resolution or resolutions adopted pursuant to this
ordinance shall be deemed to be of an administrative nature
and shall be effective upon approval by the Mayor or Acting
Mayor of the City.
Sec. 8. And be it further ordained, That the provisions of
this ordinance are severable, and if any provision, sentence,
clause, section or part thereof is held illegal, invalid or un-
constitutional or inapplicable to any person or circum-
stances, such illegality, invalidity or unconstitutionality, or
inapplicability shall not affect or impair any of the re-
maining provisions, sentences, clauses, sections or parts of
the ordinance or their application to other persons or
circumstances. It is hereby declared to be the legislative
intent that this ordinance would have been adopted if such
illegal, invalid or unconstitutional provision, sentence,
clause, section or part had not been included therein, as if
the person or circumstances to which the ordinance or any
part thereof is inapplicable had been specifically exempted
therefrom.
Sec. 9. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved July 19, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
922 ORDINANCES Ord. No. 843
No. 843
(Council No. 637)
An Ordinance to amend Sheet No. 21 of Zoning District
Maps of Article 30 of the Baltimore City Code (1966
Edition) title "Zoning Code of Baltimore City", as
ordained by Ordinance Number 1051, approved April 20,
1971, (as amended) by changing from the B-2-1 District
to the B-3-1 District the property on the northeast side of
Liberty Heights Avenue located at the corner formed
by the intersection of the northeast side of Liberty
Heights Avenue and the northwest side of Plateau Ave-
nue as outlined in red on plats accompanying this ordi-
nance.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That Zoning Sheet Number 21 be and it is
hereby amended by changing from the B-2-1 District to
the B-3-1 District the property on the northeast side of
Liberty Heights Avenue beginning at the corner formed by
the intersection of the northeast side of Liberty Heights
Avenue and the northwest side of Plateau Avenue as out-
lined in red on the plats accompanying this ordinance.
Sec. 2. And be it further ordained, That upon passage of
this ordinance by the City Council, as evidence of the au-
thenticity of the plat which is a part hereof, and in order
to give notice to the departments which are administering
the Zoning Ordinance, the President of the City Council
shall sign the plat, and when the Mayor approves the ordi-
nance he shall sign the plat. The City Treasurer shall then
transmit a copy of the ordinance and one of the plats to
the following : the Board of Municipal and Zoning Appeals,
the Planning Commission, the Commissioner of the Depart-
ment of Housing and Community Development, the Commis-
sioner of Transit and Traffic and the Zoning Administrator.
Sec. 3. And be it further ordained, That this ordinance
shall take effect thirty days from the date of passage.
Approved July 20, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
ORDINANCES 923
No. 844
(Council No. 1533)
An Ordinance to amend Sheets 27, 28, 37, and 38 of the
Zoning District Maps of Article 30 of the Baltimore City
Code (1976 Edition), title "Zoning," (Ordinance No.
1051, approved April 20, 1971) by changing from the
R-4 Zoning District to the R-l Zoning District the prop-
erty bounded on the southwest by Erdman Avenue, on
the southeast by Crossland Avenue, on the northeast by
an irregular line running from Crossland Avenue north-
westerly approximately 0-300 feet southwest of Kentucky
Avenue, on the northwest by an irregular line running
from Erdman Avenue northeasterly approximately 160-
190 feet southeast of Harford Road, as outlined in pink
on the plats accompanying this ordinance; by changing
from the R-4 Zoning District to the R-3 Zoning District,
the property bounded on the southwest by Erdman Ave-
nue, on the southeast by an irregular line running from
Erdman Avenue northeasterly approximately 130-220
feet southeast of Richmond Avenue, on the northeast by
an irregular line running from Crossland Avenue south-
easterly approximately 550-680 feet southwest of Chester-
field Avenue, on the northwest by Crossland Avenue, as
outlined in dark pink on the plats accompanying this
ordinance; by changing from the R-4 Zoning District to
the R-3 Zoning District the property bounded on the
southwest by Lake Avenue, on the southeast by an ir-
regular line running northeasterly from Lake Avenue
0-480 feet northwest of Norman Avenue, on the north-
east by an irregular line running from Norman Avenue
northwesterly approximately 0-440 feet northeast of
Kentucky Avenue, on the northwest by an irregular line
running from Lake Avenue northeasterly approximately
170-280 feet southeast of Harford Road, as outlined in
dark pink on the plats accompanying this ordinance;
by changing from the R-5 Zoning District to the R-l
Zoning District the property bounded on the southwest
by an irregular line running southeasterly approximately
180-380 feet southwest of Erdman Avenue, on the south-
east by an irregular line running northeasterly approxi-
mately 0-380 feet northwest of Harford Road, on the
924 ORDINANCES Ord. No. 844
northeast by an irregular line running southeasterly ap-
proximately 0-510 feet southwest of Dobler Avenue, on
the northwest by an irregular line running northeasterly
from 250-550 feet northwest of Harford Road, as outlined
in yellow ochre on the plats accompanying this ordinance;
by changing from the R-5 Zoning District to the R-3
Zoning District the property bounded on the southwest
by a line running southeasterly 150 feet southwest of
Kentucky Avenue, on the southeast by an irregular line
running northeasterly from 100-130 feet northwest of
Harford Road, on the northeast by a line running north-
westerly 140 feet northeast of Pelham Avenue, on the
northwest by an irregular line running northeasterly
from 270-380 feet northwest of Harford Road, as out-
lined in burnt sienna on the plats accompanying this
ordinance; by changing from the R-5 Zoning District to
the R-3 Zoning District the property known as 2401-23
Chesterfield Avenue, the property known as 2501 Chester-
field Avenue, the property known as 2603 Kentucky
Avenue, and the property bounded on the southwest by
an irregular line running 0-150 feet northeast of Ken-
tucky Avenue, on the southeast by an irregular line
running northeasterly from Kentucky Avenue approxi-
mately 0-350 feet southeast of Norman Avenue, on the
northeast by an irregular line running 0-150 feet north-
east of Pelham Avenue, on the northwest by an irregular
line running approximately 100-200 feet northwest of
Norman Avenue, as outlined in burnt sienna on the
plats accompanying this ordinance; by changing from
the R-7 Zoning District to the R-l Zoning District the
property bounded on the southwest by Erdman Avenue
and the southwestern lot line of the property known as
3218 Harford Road, on the southeast by an irregular line
running from Erdman Avenue northeasterly approxi-
mately 160-190 feet southeast of Harford Road, on the
northeast by an irregular line running southeasterly
from 0-210 feet northeast of Dobler Avenue, on the
northwest by a line running from Dobler Avenue south-
westerly approximately 190 feet from northwest of Har-
ford Road, as outlined in gray on the plats accompanying
this ordinance; by changing from the R-7 Zoning Dis-
trict to the R-3 Zoning District the property on the south-
west by an irregular line running southeasterly appro-
ORDINANCES 925
ximately 0-140 feet southwest of Kentucky Avenue, on
the southeast by an irregular line running from 170-270
feet southeast of Harford Road, on the northeast by
Chesterfield Avenue and the northeastern lot line of the
property known as 2116 Pelham Avenue, on the north-
west by an irregular line running from 0-130 feet north-
west of Harford Road, as outlined in light beige on the
plats accompanying this ordinance; by changing from
the R-7 Zoning District to the R-6 Zoning District the
property bounded on the southwest by an irregular line
running southeasterly approximately 0-200 feet north-
east of Dobler Avenue, on the southeast by an irregular
line running from Dobler Avenue northeasterly approxi-
mately 0-170 feet southeast of Harford Road, on the
northeast by an irregular line running northwesterly
approximately 0-170 feet northeast of Lake Avenue, on
the northwest by an irregular line running from Dobler
Avenue northeasterly approximately 0-200 feet north-
west of Harford Road, and the properties known as
3600-3610 Harford Road and 2101-2119 Lake Montebello
Terrace, as outlined in light brown on the plats accom-
panying this ordinance; by changing from the B-3-1
Zoning District to the B-l-1 Zoning District the property
known as 3514-16 Harford Road, as outlined in red on
the plats accompanying this ordinance.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That Sheets 27, 28, 37 and 38 of the Zoning
District Maps of Article 30 of the Baltimore City Code
(1976 Edition), title "Zoning," (Ordinance No. 1051, ap-
proved April 20, 1971) be and they are hereby amended by
changing from the R-4 Zoning District to the R-l Zoning
District the property bounded on the southwest by Erdman
Avenue, on the southeast by Crossland Avenue, on the
northeast by an irregular line running from Crossland
Avenue northwesterly approximately 0-300 feet southwest
of Kentucky Avenue, on the northwest by an irregular
line running from Erdman Avenue northeasterly approxi-
mately 160-190 feet southeast of Harford Road, as outlined
in pink on the plats accompanying this ordinance; by
changing from the R-4 Zoning District to the R-3 Zoning
District, the property bounded on the southwest by Erdman
Avenue, on the southeast by an irregular line running from
926 ORDINANCES Ord. No. 844
Erdman Avenue northeasterly approximately 130-220 feet
southeast of Richmond Avenue, on the northeast by an
irregular line running from Crossland Avenue southeast-
erly approximately 550-680 feet southwest of Chesterfield
Avenue, on the northwest by Crossland Avenue, as out-
lined in dark pink on the plats accompanying this ordi-
nance; by changing from the R-4 Zoning District to the
R-3 Zoning District the property bounded on the southwest
by Lake Avenue, on the Southeast by an irregular line
running northeasterly from Lake Avenue 0-480 feet north-
west of Norman Avenue, on the northeast by an irregular
line running from Norman Avenue northwesterly approxi-
mately 0-440 feet northeast of Kentucky Avenue, on the
northwest by an irregular line running from Lake Avenue
northeasterly approximately 170-280 feet southeast of
Harford Road, as outlined in dark pink on the plats accom-
panying this ordinance;
by changing from the R-5 Zoning District to the R-l Zon-
ing District the property bounded on the southwest by an
irregular line running southeasterly approximately 180-380
feet southwest of Erdman Avenue, on the southeast by an
irregular line running northeasterly approximately 0-380
feet northwest of Harford Road, on the northeast by an
irregular line running southeasterly approximately 0-510
feet southwest of Dobler Avenue, on the northwest by an
irregular line running northeasterly from 250-550 feet
northwest of Harford Road, as outlined in yellow ochre on
the plats accompanying this ordinance;
by changing from the R-5 Zoning District to the R-3 Zoning
District the property bounded on the southwest by a line
running southeasterly 150 feet southwest of Kentucky
Avenue, on the southeast by an irregular line running
northeasterly from 100-130 feet northwest of Harford Road,
on the northeast by a line running northwesterly 140 feet
northeast of Pelham Avenue, on the northwest by an ir-
regular line running northeasterly from 270-380 feet north-
west of Harford Road, as outlined in Burnt Sienna on the
plats accompanying this ordinance;
by changing from the R-5 Zoning District to the R-3
Zoning District the property known as 2401-23 Chester-
field Avenue, the property known as 2501 Chesterfield
Avenue, the property known as 2603 Kentucky Avenue,
and the property bounded on the southwest by an irregular
ORDINANCES 927
line running 0-150 feet northeast of Kentucky Avenue,
on the southeast by an irregular line running northeasterly
from Kentucky Avenue approximately 0-350 feet southeast
of Norman Avenue, on the northeast by an irregular line
running 0-150 feet northeast of Pelham Avenue, on the
northwest by an irregular line running approximately
100-200 feet northwest of Norman Avenue, as outlined in
Burnt Sienna on the plats accompanying this ordinance;
by changing from the R-7 Zoning District to the R-l Zon-
ing District the property bounded on the southwest by
Erdman Avenue and the southwestern lot line of the prop-
erty known as 3218 Harford Road, on the southeast by
an irregular line running from Erdman Avenue north-
easterly approximately 160-190 feet southeast of Harford
Road, on the northeast by an irregular line running south-
easterly from 0-210 feet northeast of Dobler Avenue, on
the northwest by a line running from Dobler Avenue south-
westerly approximately 190 feet from northwest of Harford
Road, as outlined in Gray on the plats accompanying this
ordinance; by changing from the R-7 Zoning District to
the R-3 Zoning District the property on the southwest by
an irregular line running southeasterly approximately
0-140 feet southwest of Kentucky Avenue, on the southeast
by an irregular line running from 170-270 feet southeast
of Harford Road, on the northeast by Chesterfield Avenue
and the northeastern lot line of the property known as
2116 Pelham Avenue, on the northwest by an irregular
line running from 0-130 feet northwest of Harford Road,
as outlined in Light Beige on the plats accompanying this
ordinance; by changing from the R-7 Zoning District to
the R-6 Zoning District the property bounded on the
southwest by an irregular line running southeasterly ap-
proximately 0-200 feet northeast of Dobler Avenue, on the
southeast by an irregular line running from Dobler Ave-
nue northeasterly approximately 0-170 feet southeast of
Harford Road, on the northeast by an irregular line run-
ning northwesterly approximately 0-170 feet northeast of
Lake Avenue, on the northwest by an irregular line running
from Dobler Avenue northeasterly approximately 0-200
feet northwest of Harford Road, and the properties known
as 3600-3610 Harford Road and 2101-2119 Lake Montebello
Terrace, as outlined in light brown on the plats accom-
panying this ordinance;
928 ORDINANCES Ord. No. 845
by changing from the B-3-1 Zoning District to the B-l-1
Zoning District the property known as 3514-16 Harford
Road, as outlined in red on the plats accompanying this
ordinance.
Sec. 2. And be it further ordained, That upon passage
of this ordinance by the City Council, as evidence of the
authenticity of the plat which is a part hereof and in order
to give notice to the departments which are administering
the Zoning Ordinance, the President of the City Council
shall sign the plat and, when the Mayor approves the ordi-
nance, he shall sign the plat. The City Treasurer shall then
transmit a copy of the ordinance and one of the plats to
the following : the Board of Municipal and Zoning Appeals,
the Planning Commission, the Commissioner of the Depart-
ment of Housing and Community Development and the
Zoning Administrator.
Sec. 3. And be it further ordained, That this ordinance
shall take effect thirty days from the date of its passage.
Approved July 20, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 845
(Council No. 1541)
An Ordinance to add a new Subsection (r) to Section 5,
Article 22 of the Baltimore City Code (1966 Edition),
as amended, title ''Retirement Systems", subtitle "Em-
ployees' Retirement System", and to add a new Sub-
section (q) to Section 33 of Article 22 of the Baltimore
City Code (1966 Edition), as amended, title "Retirement
Systems", subtitle "Fire and Police Employees' Retire-
ment System" ; providing for indemnification of persons
serving in a fiduciary capacity in AND FOR the respec-
tive retirement systems of Baltimore City, subject to
certain conditions and exceptions.
ORDINANCES 929
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That a new subsection (r) be and it is hereby
added, to Section 5 of Article 22 of the Baltimore City
Code (1966 Edition), as amended, title "Retirement Sys-
tems", subtitle "Employees' Retirement System", to follow
immediately after subsection (q) of Section 5 of said
Article, and to read as follows:
(r) Indemnification of persons serving in fiduciary ca-
pacity. (1) Authorized. — The City shall indemnify every
person who is made, or is threatened to be made, a party
to any action, suit, or proceeding , including administrative
and investigative proceedings by reasons of his service in a
fiduciary capacity to the Employees' Retirement System
of Baltimore City, in accordance with and subject to the
conditions stated in this section.
(2) i( Service in fiduciary capacity" defined. — The term
"service in a fiduciary capacity", as used in this section,
means the exercise of any authority or control or any policy
making function, including acts of commission or omission,
concerning the management or administration of the Em-
ployees' Retirement System of Baltimore City, or the exer-
cise of any authority or control or any policy making
function, including acts of commission or omission, con-
cerning the management or disposition of the assets of the
system. It includes membership on the Board of Trustees
of the Employees' Retirement System of Baltimore City,
membership on the advisory investment committee, and
service as Administrator or Deputy Administrator of the
Employees' Retirement System, or as a staff member en-
gaged in policy making functions in the performance of
his duties and, responsibilities; AND IT INCLUDES THE
CUSTODIAN OF THE ASSETS OF THE EMPLOYEES'
RETIREMENT SYSTEM OF BALTIMORE CITY AS
NAMED IN THE BALTIMORE CITY CHARTER.
(3) Included expenses. — //, with respect to a civil, ad-
ministrative, or investigative action, suit, or proceeding,
the person acted in good faith and in a manner he reason-
ably believed to be in or not opposed to the best interest
of the Employees' Retirement System of Baltimore City,
930 ORDINANCES Ord. No. 845
and, ivith respect to a criminal action, had no reasonable
cause to believe his conduct was unlawful, then indemnifi-
cation shall be against those expenses, including reasonable
attorney's fees, judgments, fines, and accounts paid in
settlement which were actually and reasonably incurred by
him in connection with the proceeding .
(k) Effect of termination of any suit or proceeding. —
The termination of any suit or proceeding, in any manner,
does not, of itself, create a presumption that the person
did not act in good faith and in a manner he reasonably
believed to be in or not opposed to the best interest of the
Employees' Retirement System, and with respect to a
criminal action or proceeding, had reasonable cause to be-
lieve that his conduct was unlawful.
(5) Exceptions to indemnification. — Indemnification
may not be made (i) with respect to any suit, claim, or
matter as to which the person was adjudged to be liable
for gross negligence or wilful misconduct in the perform-
ance of his duty to the Employees' Retirement System;
or (ii) for an independent contractor furnishing services
to the Employees' Retirement System; OR (III) WITH RE-
SPECT TO ANY MATTER OCCURRING PRIOR TO
JUNE 1, 1978.
(6) Insurance provided. — The City shall provide insur-
ance for every person eligible for indemnification under this
section against any liability asserted against him or in-
curred by him arising out of his status as a fiduciary. The
City may provide self-insurance for this purpose, in whole
or in part, under terms and conditions satisfactory to the
Board of Estimates. If the City fails to provide adequate
insurance coverage, or if the City fails to provide indemni-
fication pursuant to this section, a fiduciary shall not be
required to pay amounts attributable to the liability de-
scribed in this section by reason of the failure of the
City to provide the indemnification, and City shall be held
liable therefor.
14 is not intended hereby to remove the City's right to
THE CITY MAY assert the defense of Governmental im-
munity, or any other defense available to the City, in suits
or other actions brought against the City.
ORDINANCES 931
(7) CITY SOLICITOR— THE SOLE AND FINAL
DETERMINATION OF ELIGIBILITY OF A PERSON
FOR INDEMNIFICATION WITH RESPECT TO A PAR-
TICULAR ACTION, SUIT, OR PROCEEDING, AND THE
APPROVAL OF THE REASONABLENESS OF ALL
FEES, EXPENSES, AND SETTLEMENTS, IS VESTED
IN THE CITY SOLICITOR.
Sec. 2. And be it further ordained, That a new sub-
section (q) be and it is hereby added to Section 33 of
Article 22 of the Baltimore City Code (1966 Edition), as
amended, title "Retirement Systems", subtitle "Fire and
Police Employees' Retirement System", to follow immedi-
ately after subsection (p) of Section 33 of said Article, and
to read as follows :
33.
(q) Indemnification of persons serving in fiduciary ca-
pacity. (1) Authorized. — The City shall indemnify every
person who is made, or is threatened to be made, a party
to any action, suit, or proceeding , including administrative
and investigative proceedings by reason of his service in a
fiduciary capacity to the Fire and Police Employees7 Re-
tirement System of Baltimore City, in accordance with and
subject to the conditions stated in this section.
(2) i( Service in fiduciary capacity" defined. — The term
"service in a fiduciary capacity", as used in this section,
means the exercise of any authority or control or any policy
making function, including acts of commission or omission,
concerning the management or administration of the Fire
and Police Employees* Retirement System of Baltimore,
or the exercise of any authority or control or any policy
making function, including acts of commission or omission,
concerning the management or disposition of the assets of
the system. It includes membership on the Board of Trustees
of the Fire and Police Employees' Retirement System of
Baltimore City, membership on the advisory investment
committee, and service as Administrator or Deputy Ad-
ministrator of the Fire and Police Employees' Retirement
System, or as a staff member engaged in policy making
functions in the performance of his duties and responsi-
932 ORDINANCES Ord. No. 845
bUities; AND IT INCLUDES THE CUSTODIAN OF THE
ASSETS OF THE FIRE AND POLICE EMPLOYEES'
RETIREMENT SYSTEM AS NAMED IN THE BALTI-
MORE CITY CHARTER.
(3) Included expenses. — //, with respect to a civil, ad-
ministrative, or investigative action, suit, or proceeding ,
the person acted in good faith and in a manner he reason-
ably believed to be in or not opposed to the best interest
of the Fire and Police Employees' Retirement System of
Baltimore City, and, with respect to a criminal action, had
on NO reasonable cause to believe his conduct ivas unlawful,
then indemnification shall be against those expenses, includ-
ing reasonable attorney's fees, judgments, fines, and ac-
counts paid in settlement which were actually and reason-
ably incurred by him in connection with the proceeding.
(U) Effect of termination of any suit or proceeding. —
The termination of any suit or proceeding, in any manner,
does not, of itself, create a presumption that the person
did not act in good faith and in a manner he reasonably
believed to be in or not opposed to the best interest of the
Fire and Police Employees' Retirement System, and with
respect to a criminal action or proceeding, had reasonable
cause to believe that his conduct was unlawful.
(5) Exceptions to indemnification. — Indemnification
may not be made (i) with respect to any suit, claim, or
matter as to which the person was adjudged to be liable
for gross negligence or wilful misconduct in the perform-
ance of his duty to the Fire and Police Employees' Retire-
ment System; or (ii) for an independent contractor fur-
nishing services to the Fire and Police Employees' Retire-
ment Systems; OR (III) WITH RESPECT TO ANY
MATTER OCCURRING PRIOR TO JUNE 1, 1978.
(6) Insurance provided. — The City shall provide in-
surance for every person eligible for indemnification under
this section against any liability asserted against him or
incurred by him arising out of his status as a fiduciary.
The City may provide self -insurance for this purpose, in
whole or in part, under terms and conditions satisfactory
to the Board of Estimates. If the City fails to provide
adequate insurance coverage, or if the City fails to provide
ORDINANCES 933
indemnification pursuant to this section, a fiduciary shall
not be required to pay amounts attributable to the liability
described in this section by reason of the failure of the
City to provide the indemnification, and the City shall be
held liable therefor.
U is- not intended hereby te remove the City's right to
THE CITY MAY assert the defense of Governmental im-
munity, or any other defense available to the City, in suits
or other actions brought against the City.
(7) CITY SOLICITOR— THE SOLE AND FINAL
DETERMINATION OF ELIGIBILITY OF A PERSON
FOR INDEMNIFICATION WITH RESPECT TO A PAR-
TICULAR ACTION, SUIT, OR PROCEEDING, AND THE
APPROVAL OF THE REASONABLENESS OF ALL
FEES, EXPENSES, AND SETTLEMENTS, IS VESTED
IN THE CITY SOLICITOR.
Sec. 3. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved July 20, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 846
(Council No. 1573)
An Ordinance authorizing and providing for the issuance,
from time to time, by Mayor and City Council of Balti-
more (the "City") of its revenue bonds, designated
"Commercial Development Revenue Bonds (Chesapeake
Center Project)" in an aggregate principal amount not
exceeding $10,000,000 pursuant to the provisions of Sub-
section (50) of Article II of the Charter of Baltimore
City (1964 Revision, as amended), in order to use the
proceeds for the sole and exclusive purpose of (a)
financing (i) the acquisition of certain real property in
the City of Baltimore, and (ii) the acquisition or con-
struction of buildings and structures for commercial
934 ORDINANCES Ord. No. 846
office, retail and related uses thereon to be leased to or
owned by The Chesapeake Life Insurance Company, as
provided in this ordinance; (b) establishing a debt serv-
ice reserve fund or funds to secure such bonds, and (c)
paying the costs of issuance of such bonds ; making cer-
tain legislative findings, among others, concerning the
public benefit and purpose of the revenue bonds ; provid-
ing that such revenue bonds (a) shall be payable solely
and only from: (i) revenue derived from payments by
The Chesapeake Life Insurance Company to the City
pursuant to the "Lease Agreement,, and/or, the "Loan
Agreement", and/or the "Sale-Lease Agreement", as de-
fined in this Agreement, ORDINANCE, or such other se-
curity instrument as may be provided, and (ii) certain
proceeds of such revenue bonds, and (b) shall not ever
constitute, within the meaning of Section 7 of Article XI
of the Constitution of Maryland or any other constitution-
al, statutory or charter provision or otherwise (i) a debt
or general obligation of the City or any other political sub-
division or (ii) a pledge of or an involvement of the faith
and credit or the taxing powers of the City or any other
political subdivision ; providing that this ordinance shall
constitute, upon requisite approval, a binding and en-
forceable commitment by the City to The Chesapeake
Life Insurance Company to issue the revenue bonds so
anticipated; authorizing both the private (negotiated)
sale or the competitive bid sale of such revenue bonds;
providing that certain matters pertaining to such reve-
nue bonds, including (without limitation) the method of
sale, the sale of any series, the amounts and dates of any
series, maturity or maturities, interest rate or rates,
sinking fund requirements, redemption provisions and the
appointment of a trustee to act under this ordinance,
shall be determined administratively at or prior to the
time of the sale (either by negotiated or competitive bid
sale) of any series of such revenue bonds by resolution of
the Commissioners of Finance of the City, unless the
City shall otherwise prescribe; providing that the Com-
missioners of Finance may determine by resolution or by
other appropriate action all other matters pertaining to
the issuance, sale or delivery of any series of such revenue
bonds, including (without limitation) the provisions of
trust between the City and the trustee, the creation of a
ORDINANCES 935
construction fund to be held by the trustee and provision
for its disbursement, provision for the investment of
moneys held by the trustee, provision of remedies for
bondholders in the event of default and provision for the
enactment of supplemental ordinances and resolutions;
providing that all or a portion of such revenue bonds may
be refunded; and generally providing for and determin-
ing various matters in connection with the authorization,
issuance, security, sale and payment of such revenue
bonds.
RECITALS
A. Subsection (50) — Revenue Bonds and Obliga-
tions, of Article II of the Charter of Baltimore City
(1964 Revision, as amended) (the "Enabling Law")
authorizes the Mayor and City Council of Baltimore (the
"City") to borrow money through the issuance and sale
of its revenue bonds for the accomplishment of any of
the purposes, objects and powers of the City. Revenue
bonds issued pursuant to the Enabling Law shall be pay-
able, as to both principal and interest, solely from and
secured solely by (i) the revenues from or arising in con-
nection with the property, facilities, developments and
improvements whose financing is undertaken by issuance
of the bonds, (ii) the revenues from or arising in con-
nection with any contracts, mortgages or other securities
purchased or otherwise acquired with the proceeds of
the bonds, (iii) the contracts, mortgages or other securi-
ties purchased or otherwise acquired with the proceeds
of the bonds, or (iv) any combination of (i), (ii), or
(iii). (The matters recited in (i), (ii), (iii) and (iv)
are occasionally referred to as the "Security".)
The Enabling Law authorizes the City to authorize and
empower the Commissioners of Finance of the City (the
"Commissioners of Finance") by resolution: (i) to deter-
mine and set forth certain matters pertaining to the
bonds, including but not limited to, the form, terms, pro-
visions, manner or method of issuing and selling (includ-
ing negotiated as well as competitive bid sale), and the
time or times of issuance, and any and all other details
of any such bonds, and the issuance and sale thereof;
and (ii) to do any and all things necessary, proper or
936 ORDINANCES Ord. No. 846
expedient in connection with the issuance and sale of
such bonds authorized to be issued under the Enabling
Law.
Any bonds issued pursuant to the Enabling Law may-
be secured by a trust agreement between the City and a
corporate trustee, which may be any trust company, or
bank having trust powers, within or without the State
of Maryland. The Enabling Law authorizes the City to
authorize the Commissioners of Finance to approve the
form of the trust agreement.
The trust agreement may: (i) pledge or assign all or
any part of the Security; (ii) contain whatever provi-
sions for the protection and enforcement of the rights
and remedies of bondholders are deemed reasonable and
proper; (iii) set forth the rights and remedies of the
bondholders and of the trustee and may restrict the indi-
vidual right of action by bondholders; and (iv) contain
whatever other provisions are deemed reasonable and
proper for the security of the bondholders.
B. Subsection (15) — Land Development and Rede-
velopment, of Article II of the Charter of Baltimore City
(1964 Revision, as amended) (the "Redevelopment Law")
authorizes the City: (i) to acquire land and property
in the City of Baltimore, Maryland ("Baltimore") Balti-
more for development or redevelopment, including but
not limited to the comprehensive renovation or rehabili-
tation thereof; (ii) to develop and redevelop, including
but not limited to the comprehensive renovation or reha-
bilitation of, any and all land or property acquired pur-
suant to the Redevelopment Law; (iii) to sell, lease,
convey, transfer or otherwise dispose of any of said land
or property, regardless of whether or not it has been
developed, redeveloped, altered or improved and irrespec-
tive of the manner or means in or by which it may have
been acquired, to any private, public or quasi public cor-
poration, partnership, association, person or other legal
entity, for development or redevelopment, including but
not limited to, the comprehensive renovation or rehabili-
tation thereof; and (iv) to preserve for the City or any
departments or agencies thereof, any of said land or
property, or any rights or interests therein, for public
ORDINANCES 937
use, irrespective of the manner or means in or by which
it may have been acquired.
C. As part of the overall plan and strategy for the
development and redevelopment of Baltimore, the City
has sought to encourage residential, commercial and re-
lated opportunities in downtown Baltimore in order to
hold and attract taxpayers. That objective can best be
accomplished by encouraging private industry to invest
and reinvest in the downtown area. One of the specific
projects of that plan and strategy is the rejuvenation of
the Mt. Vernon area, which project is set forth in the
Urban Renewal Plan, as amended, for the Mt. Vernon
Urban Renewal Area (the "Community"), created by
Ordinance No. 281, enacted by the City on June 22, 1964.
D. The area generally bounded by Hunter, Centre,
St. Paul and Monument Streets, including certain air
rights (the "Project Area"), which has been or will be
acquired by the City pursuant to the Redevelopment Law,
is a vital element in the rehabilitation of the Community
and has been identified by the City as an ideal location
for the development of additional commercial, residen-
tial and off-street parking facilities. That development
objective has been or will be specifically incorporated into
the Urban Renewal Plan for the Community.
E. The Chesapeake Life Insurance Company, a Mary-
land corporation, (the "Company") has proposed to de-
velop a multi-use center on the Project Area, consisting
of office space, residential units, off-street parking, com-
mercial space and related facilities (the "Chesapeake
Center"). The Company, which currently has its main
offices adjacent to the Project Area, further proposes to
maintain and expand its support for the renewal of Bal-
timore by (i) utilizing a substantial portion of the office
space of Chesapeake Center as its corporate headquar-
ters, and (ii) investing a significant amount of equity
capital in the development of the Chesapeake Center.
F. In order to achieve the development objectives
authorized by the Redevelopment Law, the City proposes
to finance the Chesapeake Center by several issues of
bonds relating to different elements of the Chesapeake
Center, each authorized by a bond ordinance similar to
938 ORDINANCES Ord. No. 846
this ordinance. Although each issue of bonds will be
separate, it is recognized by the City that all of the bond
issues are necessary for and will relate to the develop-
ment of the Chesapeake Center.
G. The City has determined to issue and sell in an
amount not to exceed $10,000,000 aggregate principal
amount of its "Commercial Development Revenue Bonds
(Chesapeake Center Project)" (the "Bonds") and to use
the proceeds of the Bonds to (a) finance the acquisition
and construction of commercial office, retail and related
or ancillary facilities including any land necessary there-
for in the Project Area (the "Facilities"), (i) by direct
loan to the Company, or (ii) through construction of the
Facilities by the City and subsequent lease of the Facili-
ties by the City to the Company, or (iii) through con-
struction of the Facilities by the Company, purchase of
the Facilities by the City and subsequent lease of the
Facilities by the City to the Company, or (iv) through
any combination of one or more of the foregoing; (b)
establish a debt service reserve fund or funds to secure
further the Bonds and (c) pay the costs of issuance of
the Bonds, including the expense of engraving and print-
ing the Bonds, the official statement and other legal docu-
ments related thereto, advertising, legal and accounting
fees and all other incidental expenses connected there-
with (the "Costs of Issuance"). The terms and conditions
of the financing shall be set forth, depending on the form
of the transaction, in a lease agreement (the "Lease
Agreement"), and/or a loan agreement (the "Loan
Agreement") and/or a combined purchase and sale
agreement with the Company and an agreement of lease
to the Company (the "Sale-Lease Agreement"), which
document (s) shall be approved and executed pursuant to
this ordinance. The public purposes of the financing are
(i) to achieve the development of land acquired by the
City pursuant to the Redevelopment Law, (ii) to provide
for essential commercial office and retail needs in Balti-
more, (iii) to prevent the deterioration of existing com-
mercial and residential facilities and neighborhoods in
Baltimore, and (iv) to encourage the rejuvenation of the
Community and Baltimore's downtown area, thereby en-
couraging economic development and protecting the
ORDINANCES 939
health, welfare and safety of the citizens of the State of
Maryland and of Baltimore.
SECTION 1. Be it ordained by the Mayor and City Council
of Baltimore, That, acting pursuant to the Enabling Law,
it is hereby found and determined, as follows :
(1) There is a need for additional commercial office,
retail and related facilities, in conjunction with residential
development, in the Community and in Baltimore. As a
result of this need not being met, there has been a move-
ment of financially self-sufficient taxpayers from Balti-
more to surrounding subdivisions.
(2) The issuance of revenue bonds by the City pursuant
to the Enabling Law to finance development of commercial
office, retail and related facilities will achieve the develop-
ment objectives authorized by the Redevelopment Law, will
foster both the creation of new commercial and residential
facilities and the renovation and rehabilitation of existing
facilities, and will encourage investment and re-investment
in such development activity by private industry in both
the Community and Baltimore.
(3) The accomplishment of the transactions contem-
plated and authorized by this ordinance, including (with-
out limitation) the development of commercial office, retail
and related facilities and the financing thereof will accom-
plish a public purpose and meet existing public needs by
(i) developing land acquired by the City pursuant to the
Redevelopment Law in a planned, orderly and harmonious
fashion, compatible with both existing and future develop-
ment, (ii) creating additional commercial office, retail and
related facilities in the Community and in Baltimore, (iii)
retarding or reversing the movement of financially self-
sufficient taxpayers from Baltimore to surrounding subdi-
visions, (iv) preventing the further deterioration of
existing commercial and residential facilities and neigh-
borhoods within Baltimore, and (v) furthering the rejuve-
nation and economic development of the Community and
Baltimore.
(4) Neither the Bonds nor interest coupons issued
under the authority of the Enabling Law constitute (i) a
debt or general obligation of the City or any other political
940 ORDINANCES Ord. No. 846
subdivision, or (ii) a pledge of or an involvement of the faith
and credit or the taxing powers of the City or any other
political subdivision, all within the meaning of Section 7
of Article XI of the Constitution of Maryland or any other
constitutional, statutory or charter provision, and the
Bonds and any interest coupons attached thereto shall
never constitute or give rise to any pecuniary liability of
the City. The principal of and interest on the Bonds shall
be payable from, and secured by (a) an assignment of the
revenues realized under the Lease Agreement and/or the
Loan Agreement and/or the Sale-Lease Agreement, which
in turn derive from or arise in connection with the prop-
erty, facilities, developments and improvements, the financ-
ing of which is undertaken by the issuance of the Bonds,
and (b) any debt SERVICE reserve fund or funds estab-
lished by the Commissioners of Finance. The Bonds may be
additionally secured (without in any way specifying or
limiting the terms of such additional security) by (i) one or
more mortgage liens on or security interests in the property
(or any interest therein including a leasehold estate), facili-
ties, developments and improvements, financed by the pro-
ceeds of the Bonds, with the payments under the mortgage or
security instrument assigned to the trustee for the holders
of the Bonds (the ''Bondholders") ; or (ii) insuring the
mortgage payments through such Federal, State or munici-
pal fund or other agency permitted by applicable law to
perform insuring functions; or (iii) assigning the proceeds
of the mortgage insurance to the trustee for the Bondhold-
ers; or (iv) such other security as the Commissioners of
Finance may approve; or (v) any combination of (i), (ii),
(iii) and (iv). The principal amount of the Bonds and the
payments to be made pursuant to the Lease Agreement,
and/or the Loan Agreement and/or the Sale-Lease Agree-
ment will be paid directly to, and will be disbursed by, the
independent trustee appointed by the Commissioners of
Finance pursuant hereto. No such moneys will be either
commingled with the City's funds or made subject to the
absolute control of the City, except for such limited super-
vision and checks as are deemed necessary or desirable by
the City to insure that the proceeds of the Bonds are used
to accomplish the public purposes of the Enabling Law and
this ordinance. The transactions authorized hereby do not
constitute a public improvement or a capital project within
ORDINANCES 941
the meaning of any charter or statutory provision. The
public purposes expressed in this ordinance are intended to
be achieved by developing property acquired by the City
pursuant to the Redevelopment Law, providing commercial
office, retail and related facilities within the Community
and Baltimore for taxpayers, retarding or reversing the
movement of financially self-sufficient taxpayers from Bal-
timore to surrounding subdivisions, preventing the deterio-
ration of existing commercial and residential facilities and
neighborhoods in Baltimore and encouraging the rejuve-
nation and economic development of Baltimore.
Sec. 2. And be it further ordained, That, in accordance
with the Enabling Law, any and all loans, leases, purchase
and sale agreements and related agreements made pursuant
to this ordinance shall be approved: (i) by the City Solici-
tor of the City (the "City Solicitor") ; (ii) by a resolution
of the Board of Estimates of the City (the "Board of Esti-
mates") ; and (iii) by the Mayor or acting Mayor of the
City of Baltimore (the "Mayor"). This ordinance is in-
tended to be, and shall constitute, upon the approval of the
Loan Agreement and/or the Lease Agreement and/or the
Sale-Lease Agreement by the City Solicitor, the Board of
Estimates and the Mayor, a binding and enforceable com-
mitment by the City to issue and deliver the Bonds author-
ized hereby in accordance with the terms hereof.
Sec. 3. And be it further ordained, That, the issuance,
sale and delivery of an amount not exceeding $10,000,000
aggregate principal amount of revenue bonds, hereby desig-
nated "Commercial Development Revenue Bonds (Chesa-
peake Center Project) " is hereby authorized, subject to the
provisions of this ordinance. The proceeds of the Bonds are
to be used (a) to finance the acquisition and construction
of the Facilities and (b) to pay the Costs of Issuance. The
Bonds are to be solely and exclusively payable from, and
secured by (a) the revenue derived from payments under
the Lease Agreement and/or the Loan Agreement and/or
the Sale-Lease Agreement and (b) any debt service reserve
fund or funds established by the Commissioners of Finance.
The Commissioners of Finance may require, however, that
the Bonds be additionally secured by (i) one or more mort-
gage liens on or security interests in the property (or any
942 ORDINANCES Ord. No. 846
interest therein including a leasehold estate), facilities,
developments and improvements, the financing of which is
undertaken by the issuance of the Bonds, with the pay-
ments under the mortgages or security interests assigned
to the trustee for the Bondholders; or (ii) insuring the
mortgage payments through such Federal, State, or munici-
pal fund or other agency permitted by applicable law to
perform insuring functions; or (iii) assigning the proceeds
of the mortgage insurance to the trustee for the Bond-
holders; or (iv) such other security as the Commissioners
of Finance may approve; or (v) any combination of (i),
(ii), (iii) and (iv). The aggregate principal amount of
Bonds issued, sold and delivered pursuant to this ordinance
shall not exceed $10,000,000 unless such amount shall be
increased by an ordinance of the City supplemental hereto.
In accordance with the Enabling Law, the City hereby
authorizes the Commissioners of Finance to make the ad-
ministrative determinations necessary for the issuance of
the Bonds. The Enabling Law provides that the Commis-
sioners of Finance, by resolution, may prescribe certain
matters, including (without limitation) the form, terms,
provisions, manner or method of issuing and selling (in-
cluding negotiated as well as competitive bid sale) and the
time or times of issuance, and any and all other details of
the Bonds, and the issuance and sale thereof. This ordi-
nance, accordingly, provides that the Commissioners of
Finance shall make such determinations in connection with
the issuance and sale of the Bonds, as provided in the
Enabling Law, unless the City shall otherwise prescribe
prior to the issuance and delivery of the Bonds.
The Bonds authorized by this ordinance may be issued
in one or more series, and each series shall be identified by
a letter designation, so that the first series (if the issuance
of more than one series of Bonds hereunder is then con-
templated) shall be designated "Commercial Development
Revenue Bonds (Chesapeake Center Project), 1978 Series
A". The aggregate principal amount of Bonds to be issued
pursuant to this ordinance at any one time shall be deter-
mined by the Commissioners of Finance by resolution
adopted prior to the delivery of the Bonds.
The Bonds of a series of Bonds shall be dated as of the
first day of the month next following the date on which the
ORDINANCES 943
series of Bonds is sold unless the Commissioners of Finance
shall specify a different date in its resolution hereinafter
described, and the Bonds shall bear interest at an annual
rate or rates payable semi-annually following the date of
the series of Bonds so that, if the Bonds of a series are
dated January 1, 1979, interest on that series of Bonds will
be payable on July 1, 1979, January 1, 1980, and semi-
annually thereafter.
The Bonds of each series of Bonds issued hereunder shall
mature on the date or dates provided in the resolution of
the Commissioners of Finance hereinafter described, but
the last maturity of any series of Bonds shall in no event
exceed a period of forty (40) years from the date of that
particular series of Bonds. If the resolution of the Com-
missioners of Finance hereinafter described does not pro-
vide any maturity or maturities for a series of Bonds, all
of the Bonds of the series shall mature on the date thirty
(30) years from the date of that particular series of Bonds.
If the Bonds of a series are dated January 1, 1979, all the
Bonds of that series will mature (in the absence of a reso-
lution of the Commissioners of Finance determining other-
wise) on January 1, 2009.
The terms of this ordinance shall not be interpreted so
as to preclude or prevent the issuance of refunding bonds
to refund all or a portion of the Bonds. The adoption of a
subsequent ordinance or ordinances authorizing such a re-
funding of the Bonds is expressly contemplated by this
ordinance.
Sec. 4. And be it further ordained, That, prior to the
delivery of any series of Bonds, the Commissioners of
Finance shall adopt a resolution or resolutions which shall
prescribe (i) the principal amount of Bonds to be issued as
a series at any one time, (ii) redemption provisions for the
series of Bonds, and (iii) the sinking fund requirements, if
any, for the series of Bonds.
Prior to the delivery of any series of Bonds, the Com-
missioners of Finance may also adopt a resolution or reso-
lutions which may prescribe (i) the date of issue of the
series of Bonds, (ii) the maturity or maturities of the series
of Bonds, (iii) any additional terms necessary or appro-
944 ORDINANCES Ord. No. 846
priate to reflect any matters provided by that resolution
and (iv) other matters deemed appropriate by the Com-
missioners of Finance.
Any resolution or resolutions adopted pursuant to this
section of this ordinance shall be deemed to be of an admin-
istrative nature and shall be effective upon approval of:
(i) the Board of Estimates, (ii) the City Solicitor and (iii)
the Mayor.
Sec. 5. And be it further ordained, That, it is hereby
found and determined that the best interests of the City
will be served by authorizing the Commissioners of Fi-
nance to determine the method of sale of the Bonds, (in-
cluding negotiated private sale or competitive bid sale), as
authorized by the Enabling Law, and upon the terms and
conditions determined by the Commissioners of Finance as
hereinafter authorized.
Authority is hereby conferred on the Commissioners of
Finance, unless the City shall otherwise prescribe prior to
the issuance and delivery of the Bonds, to take the following
actions and to make the following commitments on behalf
of the City:
(a) to deliver the Lease Agreement and/or the Loan
Agreement and/or the Sale-Lease Agreement by and be-
tween the City and the Company in the form determined
by resolution of the Commissioners of Finance and ap-
proved by the Board of Estimates and the City Solicitor,
such Lease Agreement and/or Loan Agreement and/or
Sale-Lease Agreement to be executed by the Mayor and
attested by the Treasurer or the Deputy Treasurer of the
City of Baltimore (the "Treasurer") ;
(b) to prepare and distribute, in conjunction with rep-
resentatives of the Company and the prospective purchas-
ers of or underwriters for the Bonds, both a preliminary
and a final official statement (which final official statement
shall be executed by the Mayor and attested by the Treas-
urer) in connection with the sale of the Bonds; provided,
however, that any preliminary official statement shall be
clearly marked to indicate that it is subject to completion
and amendment ;
ORDINANCES 945
(c) to determine the date, time and place when a bond
purchase or underwriting agreement shall be submitted by
the purchasers of or underwriters for the Bonds, such bond
purchase or underwriting agreement to specify the inter-
est rate or rates proposed to be paid on the Bonds, the price
at which the Bonds are to be sold to the purchasers or
underwriters, and such other matters as the purchasers or
underwriters and the City officials may deem necessary or
desirable in order to effect the sale and delivery of the
Bonds ;
(d) to determine the interest rate or rates to be paid
by the City on the Bonds in accordance with the proposed
bond purchase or underwriting agreement submitted by
the purchasers or underwriters for the Bonds, but only
after the Company shall have given the City written
approval of such rate or rates ;
(e) to deliver, as a binding and enforceable obligation
of the City, the bond purchase or underwriting agreement
for the Bonds by and between the City and the purchasers
or underwriters for the Bonds, such bond purchase or un-
derwriting agreement to be executed by the Mayor and
attested by the Treasurer, and to proceed to accomplish
any and all actions necessary or deemed appropriate by
either the City, the purchasers or the underwriters to issue
and deliver the Bonds to the purchasers or underwriters in
accordance with the provisions of this ordinance and the
bond purchase or underwriting agreement ;
(f) to appoint a bank having trust powers, or a trust
company, as trustee for the Bondholders ;
(g) in order to insure that the Bonds are issued with-
out direct cost to the City, to provide for the payment,
either directly by the Company or out of the proceeds of the
Bonds, of all costs, fees and expenses incurred by or on be-
half of the City in connection with the issuance of the
Bonds, such payments to include (without limitation) costs
of printing and issuing the Bonds, legal expenses, and
compensation to any persons (other than full-time employ-
ees of the City) performing services by or on behalf of the
City in connection with the transactions contemplated by
this ordinance ;
946 ORDINANCES Ord. No. 846
(h) to deliver to the trustee, as a binding and enforce-
able obligation of the City, the trust agreement between
the City and the trustee, executed by the Mayor and
attested by the Treasurer, which trust agreement may be a
resolution of the Commissioners of Finance; and
(i) to do any and all things necessary, proper or expe-
dient in connection with the issuance and sale of the Bonds.
Sec. 6. And be it further ordained, That, prior to the
sale of any series of Bonds, the Commissioners of Finance,
unless the City shall otherwise prescribe prior to the issu-
ance and delivery of the Bonds, may determine by reso-
lution :
(1) the provisions of the trust agreement between the
City and the trustee ;
(2) the manner of execution, authentication, registra-
tion and transfer of the Bonds ;
(3) provisions for authentication and delivery of the
Bonds;
(4) the provisions of the Lease Agreement and/or Loan
Agreement and/or Sale-Lease Agreement between the City
and the Company ;
(5) the terms of the mortgage, security instrument or
other evidence, if any, of the obligation of the Company
or successors in interest, provided for each series of Bonds ;
(6) provisions for creation, holding and disbursement
of a construction fund to be held by the trustee ;
(7) provisions for creation, holding and disbursement
of any other funds and accounts to be held by the trustee,
including a reserve fund further to secure the Bonds ;
(8) provisions for the application of receipts and reve-
nues from the Company ;
(9) provisions for the security for and investment of
moneys held by the trustee ;
(10) the details of the procedure for the redemption
of the Bonds;
(11) remedies for Bondholders in the event of default;
ORDINANCES 947
(12) the duties, rights and immunities of the trustee;
(13) the manner of execution of instruments by Bond-
holders and the method of proof of ownership of the Bonds ;
(14) provisions for modification of this ordinance and
the Lease Agreement and/or Loan Agreement and/or Sale-
Lease Agreement;
( 15) provisions for defeasance of the Bonds ;
(16) the forms of the Bonds, coupons and the trustee's
authentication certificate ; and
(17) such other matters in connection with the author-
ization, issuance, security, sale and payment of and for the
Bonds as may be deemed appropriate by the Commission-
ers of Finance.
Any resolution or resolutions adopted pursuant to this
ordinance shall be deemed to be of an administrative na-
ture and shall be effective upon approval by: (i) the Board
of Estimates, (ii) the City Solicitor and (iii) the Mayor.
Sec. 7. And be it further ordained, That, if any action
on any matter delegated to the Commissioners of Finance,
shall not be acted upon by the Commissioners of Finance,
such action or matter may be acted upon or implemented
by a resolution, approved by the City Council of the City,
which is subsequently approved by the Mayor.
SEC. 8. And be it further ordained, That, the provisions
of this ordinance are severable, and if any provision, sen-
tence, clause, section or part thereof is held illegal, invalid
or unconstitutional or inapplicable to any person or cir-
cumstances, such illegality, invalidity or unconstitutional-
ity, or inapplicability shall not affect or impair any of the
remaining provisions, sentences, clauses, sections, or parts
of this ordinance or its application to other persons or
circumstances. It is hereby declared to be the legislative
intent that this ordinance would have been adopted if such
illegal, invalid or unconstitutional provision, sentence,
clause, section or part had not been included therein, and
if the person or circumstances to which this ordinance or
any part thereof is inapplicable had been specifically ex-
empted therefrom.
948 ORDINANCES Ord. No. 847
Sec. 9. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved July 20, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 847
(Council No. 1574)
An Ordinance authorizing and providing for the issuance,
from time to time, by Mayor and City Council of Balti-
more (the "City") of its revenue bonds, designated "Resi-
dential Development Revenue Bonds (Chesapeake Center
Project)" in an aggregate principal amount not exceeding
$10,000,000 pursuant to the provisions of Subsections
(15) and (50) of Article II of the Charter of Baltimore
City (1964 Revision, as amended), in order to use the
proceeds for the sole and exclusive purpose of (a) financ-
ing (i) the acquisition of certain real property in the
City of Baltimore, and (ii) the acquisition or construc-
tion of buildings and structures for residential and re-
lated uses thereon to be leased to or owned by The
Chesapeake Life Insurance Company, or a housing cor-
poration approved by the Board of Estimates of the City
of Baltimore (the "Housing Corporation"), as provided
in this ordinance; (b) establishing a debt service reserve
fund or funds to secure such bonds, and (c) paying the
costs of issuance of such bonds; making certain legisla-
tive findings, among others, concerning the public benefit
and purpose of the revenue bonds; providing that such
revenue bonds (a) shall be payable solely and only from:
(i) revenue derived from payments by The Chesapeake
Life Insurance Company or the Housing Corporation to
the City pursuant to the "Lease Agreement" and/or, the
"Loan Agreement", and/or the "Sale-Lease Agree-
ment", as defined in this Agroomont, ORDINANCE, or
such other security instrument as may be provided, and
(ii) certain proceeds of such revenue bonds, and (b) shall
not ever constitute, within the meaning of Section 7 of Ar-
ORDINANCES 949
tide XI of the Constitution of Maryland or any other con-
stitutional, statutoiy or charter provision or otherwise (i)
a debt or general obligation of the City or any other politi-
cal subdivision or (ii) a pledge of or an involvement of
the faith and credit or the taxing powers of the City or
any other political subdivision; providing that this ordi-
nance shall constitute, upon requisite approval, a binding
and enforceable commitment by the City to The Chesa-
peake Life Insurance Company to issue the revenue bonds
so anticipated; authorizing both the private (negotiated)
sale or the competitive bid sale of such revenue bonds;
providing that certain matters pertaining to such reve-
nue bonds, including (without limitation) the method of
sale, the sale of any series, the amounts and dates of any
series, maturity or maturities, interest rate or rates, sink-
ing fund requirements, redemption provisions and the
appointment of a trustee to act under this ordinance,
shall be determined administratively at or prior to the
time of the sale (either by negotiated or competitive bid
sale) of any series of such revenue bonds by resolution
of the Commissioners of Finance of the City, unless the
City shall otherwise prescribe; providing that the Com-
missioners of Finance may determine by resolution or by
other appropriate action all other matters pertaining to
the issuance, sale or delivery of any series of such reve-
nue bonds, including (without limitation) the provisions
of trust between the City and the trustee, the creation of
a construction fund to be held by the trustee and provi-
sion for its disbursement, provision for the investment
of moneys held by the trustee, provision of remedies for
bondholders in the event of default and provision for the
enactment of supplemental ordinances and resolutions;
providing that all or a portion of such revenue bonds may
be refunded ; and generally providing for and determining
various matters in connection with the authorization,
issuance, security, sale and payment of such revenue
bonds.
RECITALS
A. Subsection (15) (i), of Article II of the Charter of
Baltimore City (1964 Revision, as amended) (the "Loan
Enabling Law") authorizes Mayor and City Council of
Baltimore (the "City") to borrow money through the is-
950 ORDINANCES Ord. No. 847
suance and sale of its revenue bonds and to loan directly
or indirectly (including, in whole or in part, the purchase
of mortgages, notes, or other securities) the proceeds of
the bonds to any public, quasi-public or private corpora-
tion, partnership, association, person or other legal entity
for the express public purpose of assisting the financing
of development and redevelopment, including, but not
limited to, new construction or the comprehensive reno-
vation or rehabilitation, of land or property located
within the boundary lines of the City of Baltimore, Mary-
land ("Baltimore"), for residential housing purposes, in-
cluding related commercial and community facilities. Rev-
enue bonds issued pursuant to the Loan Enabling Law
shall be payable, as to both principal and interest, solely
from and secured solely by (i) a pledge of and lien upon
the revenues realized from or produced by the property,
facilities, developments and improvements whose financ-
ing is undertaken by issuance of the bonds, and realized
from or produced by existing facilities to which such new
facilities and improvements are related, or (ii) mort-
gages, notes, or other securities which may be acquired
for or in connection with such purpose with bond sale
proceeds and pledged to debt service payments on such
bonds.
The Loan Enabling Law authorizes the City to au-
thorize and empower the Commissioners of Finance of the
City (the "Commissioners of Finance") by resolution:
(i) to determine and set forth certain matters pertaining
to the bonds, including, but not limited to, the form,
terms, provisions, manner or method of issuing and sell-
ing (including negotiated as well as competitive bid sale),
and the time or times of issuance, and any and all other
details of any such bonds, and the issuance and sale
thereof; and (ii) to do any and all things necessary,
proper or expedient in connection with the issuance and
sale of such bonds issued pursuant to the Loan Enabling
Law.
Any loans made pursuant to the Loan Enabling Law
are subject to the prior approval of the Board of Esti-
mates of the Mayor a»4 City Council of Baltimore CITY
(the "Board of Estimates"), and the terms and pro-
visions of any agreement relative to any such loan are
ORDINANCES 951
subject to the approval of the Board of Estimates and
the City Solicitor of the City (the "City Solicitor").
B. Subsection (50) — Revenue Bonds and Obligations,
of Article II of the Charter of Baltimore City (1964 Re-
vision, as amended) (the "General Enabling Law") au-
thorizes the City to borrow money through the issuance
and sale of its revenue bonds for the accomplishment of
any of the purposes, objects and powers of the City.
Revenue bonds issued pursuant to the General Enabling
Law shall be payable, as to both principal and interest,
solely from and secured solely by (i) the revenues from
or arising in connection with the property, facilities, de-
velopments and improvements whose financing is under-
taken by issuance of the bonds, (ii) the revenues from
or arising in connection with any contracts, mortgages
or other securities purchased or otherwise acquired with
the proceeds of the bonds, (iii) the contracts, mortgages
or other securities purchased or otherwise acquired with
the proceeds of the bonds, or (iv) any combination of
(i), (ii) or (iii). (The matters recited in (i), (ii), (iii)
and (iv) are occasionally referred to as the "Security".)
The General Enabling Law authorizes the City to au-
thorize and empower the Commissioners of Finance by
resolution: (i) to determine and set forth certain matters
pertaining to the bonds, including but not limited to, the
form, terms, provisions, manner or method of issuing and
selling (including negotiated as well as competitive bid
sale), and the time or times of issuance, and any and
all other details of any such bonds, and the issuance and
sale thereof; and (ii) to do any and all things necessary,
proper or expedient in connection with the issuance and
sale of such bonds authorized to be issued under the
General Enabling Law.
Any bonds issued pursuant to the General Enabling
Law may be secured by a trust agreement between the
City and a corporate trustee, which may be any trust
company, or bank having trust powers, within or without
the State of Maryland. The General Enabling Law author-
izes the City to authorize the Commissioners of Finance
to approve the form of the trust agreement.
952 ORDINANCES Ord. No. 847
The trust agreement may: (i) pledge or assign all or
any part of the Security; (ii) contain whatever provi-
sions for the protection and enforcement of the rights
and remedies of bondholders are deemed reasonable and
proper; (iii) set forth the rights and remedies of the
bondholders and of the trustee and may restrict the indi-
vidual right of action by bondholders; and (iv) contain
whatever other provisions are deemed reasonable and
proper for the security of the bondholders.
C. The Loan Enabling Law and the General Enabling
Law are referred to herein collectively as the ' 'Enabling
Laws".
D. Subsection (15) — Land Development and Redevel-
opment, of Article II of the Charter of Baltimore City
(1964 Revision, as amended) (the "Redevelopment Law")
authorizes the City: (i) to acquire land and property in
Baltimore for development or redevelopment, including
but not limited to the comprehensive renovation or re-
habilitation thereof; (ii) to develop and redevelop, in-
cluding but not limited to the comprehensive renovation
or rehabilitation of, any and all land or property acquired
pursuant to the Redevelopment Law; (iii) to sell, lease,
convey, transfer or otherwise dispose of any of said land
or property, regardless of whether or not it has been
developed, redeveloped, altered or improved and irre-
spective of the manner or means in or by which it may
have been acquired, to any private, public or quasi public
corporation, partnership, association, person or other
legal entity, for development or redevelopment, including
but not limited to, the comprehensive renovation or re-
habilitation thereof; and (iv) to preserve for the City or
any departments or agencies thereof, any of said land or
property, or any rights or interests therein, for public
use, irrespective of the manner or means in or by which
it may have been acquired.
E. As part of the overall plan and strategy for the
development and redevelopment of Baltimore, the City
has sought to encourage residential, commercial and re-
lated opportunities in downtown Baltimore in order to
hold and attract taxpayers. That objective can best be
accomplished by encouraging private industry to invest
ORDINANCES 953
and reinvest in the downtown area. One of the specific
projects of that plan and strategy is the rejuvenation of
the Mt. Vernon area, which project is set forth in the
Urban Renewal Plan, as amended, for the Mt. Vernon
Urban Renewal Area (the "Community"), created by Or-
dinance No. 281, enacted by the City on June 22, 1964.
F. The area generally bounded by Hunter, Centre, St.
Paul and Monument Streets, including certain air rights
(the "Project Area"), which has been or will be ac-
quired by the City pursuant to the Redevelopment Law,
is a vital element in the rehabilitation of the Community
and has been identified by the City as an ideal location
for the development of additional residential and off-
street parking facilities, in conjunction with commercial
development. That development objective has been or will
be specifically incorporated into the Urban Renewal Plan
for the Community.
G. The Chesapeake Life Insurance Company, a Mary-
land corporation, (the "Company") has proposed to de-
velop a multi-use center on the Project Area, consisting
of office space, residential units, off-street parking, com-
mercial space and related facilities (the "Chesapeake
Center"). The Company, which currently has its main
offices adjacent to the Project Area, further proposes to
maintain and expand its support for the renewal of Balti-
more by (i) utilizing a substantial portion of the office
space of Chesapeake Center as its corporate headquarters,
and (ii) investing a significant amount of equity capital
in the development of the Chesapeake Center.
H. In order to achieve the development objectives
authorized by the Redevelopment Law, the City proposes
to finance the Chesapeake Center by several issues of
bonds relating to different elements of the Chesapeake
Center, each authorized by a bond ordinance similar to
this ordinance. Although each issue of bonds will be
separate, it is recognized by the City that all of the bond
issues are necessary for and will relate to the develop-
ment of the Chesapeake Center.
I. The City has determined to issue and sell in an
amount not to exceed $10,000,000 aggregate principal
amount of its "Residential Development Revenue Bonds
954 ORDINANCES Ord. No. 847
(Chesapeake Center Project) " (the "Bonds") and to use
the proceeds of the Bonds to (a) finance the acquisition
and construction of residential and related or ancillary
facilities including any land necessary therefor in the
Project Area (the "Facilities"), (i) by direct loan to the
Company, or (ii) through construction of the Facilities
by the City and subsequent lease of the Facilities by the
City to the Company or a housing corporation (the
"Housing Corporation") approved by the Board of Esti-
mates, or (iii) through construction of the Facilities by
the Company, purchase of the Facilities by the City and
subsequent lease of the Facilities by the City to the
Company or the Housing Corporation, or (iv) through
any combination of one or more of the foregoing; (b)
establish a debt service reserve fund or funds to secure
further the Bonds and (c) pay the costs of issuance of
the Bonds, including the expense of engraving and print-
ing the Bonds, the official statement and other legal doc-
uments related thereto, advertising, legal and accounting
fees and all other incidental expenses connected therewith
(the "Costs of Issuance"). The terms and conditions of
the financing shall be set forth, depending on the form
of the transaction, in a lease agreement (the "Lease
Agreement"), and/or a loan agreement (the "Loan
Agreement") and/or a combined purchase and sale agree-
ment with the Company and an agreement of lease to
the Company or the Housing Corporation (the "Sale-
Lease Agreement"), which document (s) shall be approved
and executed pursuant to this ordinance. The public pur-
poses of the financing are (i) to achieve the development
of land acquired by the City pursuant to the Redevelop-
ment Law, (ii) to provide for essential residential hous-
ing needed in Baltimore, (iii) to prevent the deteriora-
tion of existing residential facilities and neighborhoods in
Baltimore, and (iv) to encourage the rejuvenation of
the Community and Baltimore's downtown area, thereby
encouraging economic development and protecting the
health, welfare and safety of the citizens of the State of
Maryland and of Baltimore.
Section 1. Be it ordained by THE Mayor and City Coun-
cil of Baltimore, That, acting pursuant to the Enabling
Laws, it is hereby found and determined, as follows:
ORDINANCES 955
(1) There is a shortage of safe, decent and sanitary
housing for citizens in the Community and in Baltimore.
As a result of this shortage, there has been a movement of
financially self-sufficient taxpayers from Baltimore to sur-
rounding subdivisions.
(2) The issuance of revenue bonds by the City pursuant
to the Enabling Laws to finance development of residential
and related facilities will achieve the development objec-
tives authorized by the Redevelopment Law, will foster
both the creation of new residential facilities and the reno-
vation and rehabilitation of existing residential facilities,
and will encourage investment and re-investment in such
residential development activity by private industry in both
the Community and Baltimore.
(3) The accomplishment of the transactions contem-
plated and authorized by this ordinance, including (without
limitation) the development of residential and related fa-
cilities and the financing thereof will accomplish a public
purpose and meet existing public needs by (i) developing
land acquired by the City pursuant to the Redevelopment
Law in a planned, orderly and harmonious fashion, com-
patible with both existing and future development, (ii)
creating additional residential housing units and related
facilities in the Community and in Baltimore, (iii) re-
tarding or reversing the movement of financially self-
sufficient taxpayers from Baltimore to surrounding sub-
divisions, (iv) preventing the further deterioration of exist-
ing residential facilities and neighborhoods within Balti-
more, and (v) furthering the rejuvenation and economic
development of the Community and Baltimore.
(4) Neither the Bonds nor interest coupons issued
under the authority of the Enabling Laws constitute (i) a
debt or general obligation of the City or any other political
subdivision, or (ii) a pledge of or an involvement of the
faith and credit or the taxing powers of the City or any
other political subdivision, all within the meaning of Sec-
tion 7 of Article XI of the Constitution of Maryland or
any other constitutional, statutory or charter provision,
and the Bonds and any interest coupons attached thereto
shall never constitute or give rise to any pecuniary li-
ability of the City. The principal of and interest on
956 ORDINANCES Ord. No. 847
the Bonds shall be payable from, and secured by (a)
an assignment of the revenues realized under the Lease
Agreement and/or the Loan Agreement and/or the
Sale-Lease Agreement, which in turn derive from or arise
in connection with the property, facilities, developments and
improvements, the financing of which is undertaken by
the issuance of the Bonds, and (b) any debt service reserve
fund or funds established by the Commissioners of Finance.
The Bonds may be additionally secured (without in any
way specifying or limiting the terms of such additional
security) by (i) one or more mortgage liens on or security
interests in the property (or any interest therein including
a leasehold estate), facilities, developments and improve-
ments, financed by the proceeds of the Bonds, with the pay-
ments under the mortgage or security instrument assigned
to the trustee for the holders of the Bonds (the ''Bond-
holders") ; or (ii) insuring the mortgage payments through
the Maryland Housing Fund or such other Federal, State
or municipal fund or other agency permitted by applicable
law to perform insuring functions; or (iii) assigning the
proceeds of the mortgage insurance to the trustee for the
Bondholders; or (iv) such other security as the Commis-
sioners of Finance may approve; or (v) any combination
of (i), (ii), (iii) and (iv). The principal amount of the
Bonds and the payments to be made pursuant to the Lease
Agreement, and/or the Loan Agreement and/or the Sale-
Lease Agreement will be paid directly to, and will be dis-
bursed by, the independent trustee appointed by the Com-
missioners of Finance pursuant hereto. No such moneys
will be either commingled with the City's funds or made
subject to the absolute control of the City, except for such
limited supervision and checks as are deemed necessary or
desirable by the City to insure that the proceeds of the
Bonds are used to accomplish the public purposes of the
Enabling Laws and this ordinance. The transactions au-
thorized hereby do not constitute a public improvement or
a capital project within the meaning of any charter or stat-
utory provision. The public purposes expressed in this ordi-
nance are intended to be achieved by developing property
acquired by the City pursuant to the Redevelopment Law,
providing residential housing units within the Community
and Baltimore for taxpayers, retarding or reversing the
movement of financially self-sufficient taxpayers from Bal-
ORDINANCES 957
timore to surrounding subdivisions, preventing the deteri-
oration of existing residential facilities and neighborhoods
in Baltimore and encouraging the rejuvenation and eco-
nomic development of Baltimore.
Sec. 2. And be it further •ordained, That, in accordance
with the Enabling Laws, any and all loans, leases, purchase
and sale agreements and related agreements made pursuant
to this ordinance shall be approved: (i) by the City Solici-
tor; (ii) by a resolution of the Board of Estimates, which
resolution may also designate the housing corporation (the
"Housing Corporation") approved to lease, operate, main-
tain and purchase the Facilities; and (iii) by the Mayor or
acting Mayor of the City of Baltimore (the "Mayor"). The
Housing Corporation may be any non-profit, limited divi-
dend, or profit-motivated entity, including any public, quasi-
public or private corporation, partnership, limited partner-
ship, association or other legal entity. This ordinance is
intended to be, and shall constitute, upon the approval of
the Loan Agreement and/or the Lease Agreement and/or
the Sale-Lease Agreement by the City Solicitor, the Board
of Estimates and the Mayor, a binding and enforceable
commitment by the City to issue and deliver the Bonds
authorized hereby in accordance with the terms hereof.
Sec. 3. And be it further ordained, That, the issuance,
sale and delivery of an amount not exceeding $10,000,000
aggregate principal amount of revenue bonds, hereby desig-
nated "Residential Development Revenue Bonds (Chesa-
peake Center Project) " is hereby authorized, subject to the
provisions of this ordinance. The proceeds of the Bonds are
to be used (a) to finance the acquisition and construction of
the Facilities and (b) to pay the Costs of Issuance. The
Bonds are to be solely and exclusively payable from, and
secured by (a) the revenue derived from payments under
the Lease Agreement and/or the Loan Agreement and/or
the Sale-Lease Agreement and (b) any debt service reserve
fund or funds established by the Commissioners of Finance.
The Commissioners of Finance may require, however, that
the Bonds be additionally secured by (i) one or more mort-
gage liens on or security interests in the property (or any
interest therein including a leasehold estate) , facilities, de-
velopments and improvements, the financing of which is
958 ORDINANCES Ord. No. 847
undertaken by the issuance of the Bonds, with the payments
under the mortgages or security interests assigned to the
trustee for the Bondholders; or (ii) insuring the mortgage
payments through the Maryland Housing Fund or such
Federal, State, or municipal fund or other agency permitted
by applicable law to perform insuring functions; or (iii)
assigning the proceeds of the mortgage insurance to the
trustee for the Bondholders; or (iv) such other security as
the Commissioners of Finance may approve; or (v) any
combination of (i), (ii), (iii) and (iv). The aggregate
principal amount of Bonds issued, sold and delivered pur-
suant to this ordinance shall not exceed $10,000,000 unless
such amount shall be increased by an ordinance of the City
supplemental hereto.
In accordance with the Enabling Laws, the City hereby
authorizes the Commissioners of Finance to make the ad-
ministrative determinations necessary for the issuance of
the Bonds. The Enabling Laws provide that the Commis-
sioners of Finance, by resolution, may prescribe certain
matters, including (without limitation) the form, terms,
provisions, manner or method of issuing and selling (in-
cluding negotiated as well as competitive bid sale) and the
time or times of issuance, and any and all other details of
the Bonds, and the issuance and sale thereof. This ordi-
nance, accordingly, provides that the Commissioners of
Finance shall make such determinations in connection with
the issuance and sale of the Bonds, as provided in the
Enabling Laws, unless the City shall otherwise prescribe
prior to the issuance and delivery of the Bonds.
The Bonds authorized by this ordinance may be issued in
one or more series, and each series shall be identified by a
letter designation, so that the first series (if the issuance
of more than one series of Bonds hereunder is then contem-
plated) shall be designated "Residential Development Reve-
nue Bonds (Chesapeake Center Project), 1978 Series A".
The aggregate principal amount of Bonds to be issued pur-
suant to this ordinance at any one time shall be determined
by the Commissioners of Finance by resolution adopted
prior to the delivery of the Bonds.
The Bonds of a series of Bonds shall be dated as of the
first day of the month next following the date on which the
ORDINANCES 959
series of Bonds is sold unless the Commissioners of Finance
shall specify a different date in its resolution hereinafter
described, and the Bonds shall bear interest at an annual
rate or rates payable semi-annually following the date of
the series of Bonds so that, if the Bonds of a series are
dated January 1, 1979, interest on that series of Bonds will
be payable on July 1, 1979, January 1, 1980, and semi-
annually thereafter.
The Bonds of each series of Bonds issued hereunder shall
mature on the date or dates provided in the resolution of
the Commissioners of Finance hereinafter described, but
the last maturity of any series of Bonds shall in no event
exceed a period of forty (40) years from the date of that
particular series of Bonds. If the resolution of the Com-
missioners of Finance hereinafter described does not pro-
vide any maturity or maturities for a series of Bonds, all
of the Bonds of the series shall mature on the date thirty
(30) years from the date of that particular series of Bonds.
If the Bonds of a series are dated January 1, 1979, all the
Bonds of that series will mature (in the absence of a resolu-
tion of the Commissioners of Finance determining other-
wise) on January 1, 2009.
The terms of this ordinance shall not be interpreted so as
to preclude or prevent the issuance of refunding bonds to
refund all or a portion of the Bonds. The adoption of a
subsequent ordinance or ordinances authorizing such a re-
funding of the Bonds is expressly contemplated by this
ordinance.
Sec. 4. And be it further ordained, That, prior to the
delivery of any series of Bonds, the Commissioners of Fi-
nance shall adopt a resolution or resolutions which shall
prescribe (i) the principal amount of Bonds to be issued as
a series at any one time, (ii) redemption provisions for the
series of Bonds, and (iii) the sinking fund requirements,
if any, for the series of Bonds.
Prior to the delivery of any series of Bonds, the Com-
missioners of Finance may also adopt a resolution or reso-
lutions which may prescribe (i) the date of issue of the
series of Bonds, (ii) the maturity or maturities of the
series of Bonds, (iii) any additional terms necessary or
960 ORDINANCES Ord. No. 847
appropriate to reflect any matters provided by that resolu-
tion and (iv) other matters deemed appropriate by the
Commissioners of Finance.
Any resolution or resolutions adopted pursuant to this
section of this ordinance shall be deemed to be of an ad-
ministrative nature and shall be effective upon approval
of: (i) the Board of Estimates, (ii) the City Solicitor and
(iii) the Mayor.
Sec. 5. And be it further ordained, That, it is hereby
found and determined that the best interests of the City
will be served by authorizing the Commissioners of Finance
to determine the method of sale of the Bonds, (including
negotiated private sale or competitive bid sale), as author-
ized by the Enabling Laws, and upon the terms and condi-
tions determined by the Commissioners of Finance as
hereinafter authorized.
Authority is hereby conferred on the Commissioners of
Finance, unless the City shall otherwise prescribe prior to
the issuance and delivery of the Bonds, to take the follow-
ing actions and to make the following commitments on
behalf of the City:
(a) to deliver the Lease Agreement and/or the Loan
Agreement and/or the Sale-Lease Agreement by and be-
tween the City and the Company (or the Housing Corpora-
tion) in the form determined by resolution of the Commis-
sioners of Finance and approved by the Board of Esti-
mates and the City Solicitor, such Lease Agreement
and/or Loan Agreement and/or Sale-Lease Agreement
to be executed by the Mayor and attested by the Treas-
urer or the Deputy Treasurer of the City of Baltimore
(the "Treasurer") ;
(b) to prepare and distribute, in conjunction with repre-
sentatives of the Company and the prospective purchasers
of or underwriters for the Bonds, both a preliminary and a
final official statement (which final official statement shall
be executed by the Mayor and attested by the Treasurer)
in connection with the sale of the Bonds ; provided, however,
that any preliminary official statement shall be clearly
marked to indicate that it is subject to completion and
amendment ;
ORDINANCES 961
(c) to determine the date, time and place when a bond
purchase or underwriting agreement shall be submitted by
the purchasers of or underwriters for the Bonds, such bond
purchase or underwriting agreement to specify the interest
rate or rates proposed to be paid on the Bonds, the price at
which the bonds are to be sold to the purchasers or under-
writers, and such other matters as the purchasers or un-
derwriters and the City officials may deem necessary or
desirable in order to effect the sale and delivery of the
Bonds ;
(d) to determine the interest rate or rates to be paid by
the City on the Bonds in accordance with the proposed bond
purchase or underwriting agreement submitted by the pur-
chasers or underwriters for the Bonds, but only after the
Company shall have given the City written approval of
such rate or rates ;
(e) to deliver, as a binding and enforceable obligation
of the City, the bond purchase or underwriting agreement
for the Bonds by and between the City and the purchasers
or underwriters for the Bonds, such bond purchase or un-
derwriting agreement to be executed by the Mayor and
attested by the Treasurer, and to proceed to accomplish any
and all actions necessary or deemed appropriate by either
the City, the purchasers or the underwriters to issue and
deliver the Bonds to the purchasers or underwriters in ac-
cordance with the provisions of this ordinance and the bond
purchase or underwriting agreement ;
(f) to appoint a bank having trust powers, or a trust
company, as trustee for the Bondholders ;
(g) in order to insure that the Bonds are issued with-
out direct cost to the City, to provide for the payment,
either directly by the Company or out of the proceeds of
the Bonds, of all costs, fees and expenses incurred by or on
behalf of the City in connection with the issuance of the
Bonds, such payments to include (without limitation) costs
of printing and issuing the Bonds, legal expenses, and com-
pensation to any persons (other than full-time employees
of the City) performing services by or on behalf of the
City in connection with the transactions contemplated by
this ordinance;
962 ORDINANCES Ord. No. 847
(h) to deliver to the trustee, as a binding and enforce-
able obligation of the City, the trust agreement between
the City and the trustee, executed by the Mayor and at-
tested by the Treasurer, which trust agreement may be a
resolution of the Commissioners of Finance; and
(i) to do any and all things necessary, proper or expedi-
ent in connection with the issuance and sale of the Bonds.
Sec. 6. And be it further ordained, That, prior to the
sale of any series of Bonds, the Commissioners of Finance,
unless the City shall otherwise prescribe prior to the
issuance and delivery of the Bonds, may determine by
resolution :
(1) the provisions of the trust agreement between the
City and the trustee ;
(2) the manner of execution, authentication, registra-
tion and transfer of the Bonds ;
(3) provisions for authentication and delivery of the
Bonds ;
(4) the provisions of the Lease Agreement and/or Loan
Agreement and/or Sale-Lease Agreement between the City
and the Company or the Housing Corporation;
(5) the terms of the mortgage, security instrument or
other evidence, if any, of the obligation of the Company or
successors in interest, provided for each series of Bonds;
(6) provisions for creation, holding and disbursement of
a construction fund to be held by the trustee;
(7) provisions for creation, holding and disbursement
of any other funds and accounts to be held by the trustee,
including a reserve fund further to secure the Bonds ;
(8) provisions for the application of receipts and reve-
nues from the Company or the Housing Corporation;
(9) provisions for the security for and investment of
moneys held by the trustee ;
(10) the details of the procedure for the redemption of
the Bonds;
(11) remedies for Bondholders in the event of default;
ORDINANCES 963
(12) the duties, rights and immunities of the trustee;
(13) the manner of execution of instruments by Bond-
holders and the method of proof of ownership of the Bonds;
(14) provisions for modification of this ordinance and
the Lease Agreement and/or Loan Agreement and/or Sale-
Lease Agreement;
(15) provisions for defeasance of the Bonds;
(16) the forms of the Bonds, coupons and the trustee's
authentication certificate; and
(17) such other matters in connection with the author-
ization, issuance, security, sale and payment of and for the
Bonds as may be deemed appropriate by the Commissioners
of Finance.
Any resolution or resolutions adopted pursuant to this
ordinance shall be deemed to be of an administrative nature
and shall be effective upon approval by: (i) the Board of
Estimates, (ii) the City Solicitor and (iii) the Mayor.
Sec. 7. And be it further ordained, That, if any action
on any matter delegated to the Commissioners of Finance,
shall not be acted upon by the Commissioners of Finance,
such action or matter may be acted upon or implemented
by a resolution, approved by the City Council of the City,
which is subsequently approved by the Mayor.
Sec. 8. And be it further ordained, That, the provisions
of this ordinance are severable, and if any provision, sen-
tence, clause, section or part thereof is held illegal, invalid
or unconstitutional or inapplicable to any person or circum-
stances, such illegality, invalidity or unconstitutionality, or
inapplicability shall not affect or impair any of the remain-
ing provisions, sentences, clauses, sections, or parts of this
ordinance or its application to other persons or circum-
stances. It is hereby declared to be the legislative intent that
this ordinance would have been adopted if such illegal, in-
valid or unconstitutional provision, sentence, clause, section
or part had not been included therein, and if the person or
circumstances to which this ordinance or any part thereof is
inapplicable had been specifically exempted therefrom.
964 ORDINANCES Ord. No. 848
Sec. 9. And be it further ordained, That, this ordinance
shall take effect from the date of its passage.
Approved July 20, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 848
(Council No. 1575)
An Ordinance authorizing and providing for the issuance,
from time to time, by Mayor and City Council of Balti-
more (the "City") of its revenue bonds, designated "Off-
Street Parking Development Revenue Bonds (Chesa-
peake Center Project) " in an aggregate principal amount
not exceeding $7,000,000 pursuant to the provisions of
Subsection (50) of Article II of the Charter of Baltimore
City (1964 Revision, as amended), in order to use the
proceeds for the sole and exclusive purpose of (a) fi-
nancing (i) the acquisition of certain real property in
the City of Baltimore, and (ii) the acquisition or con-
struction of buildings and structures for off-street park-
ing and related uses thereon to be leased to or owned by
The Chesapeake Life Insurance Company, as provided in
this ordinance; (b) establishing a debt service reserve
fund or funds to secure such bonds, and (c) paying the
costs of issuance of such bonds; making certain legisla-
tive findings, among others, concerning the public bene-
fit and purpose of the revenue bonds; providing that such
revenue bonds (a) shall be payable solely and only from:
(i) revenue derived from payments by The Chesapeake
Life Insurance Company to the City pursuant to the
"Lease Agreement" and/or, the "Loan Agreement", and/
or the "Sale-Lease Agreement", as defined in this Agree-
ment^ ORDINANCE, or such other security instrument as
may be provided, and (ii) certain proceeds of such reve-
nue bonds, and (b) shall not ever constitute, within the
meaning of Section 7 of Article XI of the Constitution of
Maryland or any other constitutional, statutory or char-
ter provision or otherwise (i) a debt or general obligation
ORDINANCES 965
of the City or any other political subdivision or (ii) a
pledge of or an involvement of the faith and credit or the
taxing powers of the City or any other political subdivi-
sion ; providing that this ordinance shall constitute, upon
requisite approval, a binding and enforceable commitment
by the City to The Chesapeake Life Insurance Company to
issue the revenue bonds so anticipated ; authorizing both
the private (negotiated) sale or the competitive bid sale of
such revenue bonds; providing that certain matters per-
taining to such revenue bonds, including (without limita-
tion) the method of sale, the sale of any series, the
amounts and dates of any series, maturity or maturities,
interest rate or rates, sinking fund requirements, re-
demption provisions and the appointment of a trustee to
act under this ordinance, shall be determined adminis-
tratively at or prior to the time of the sale (either by
negotiated or competitive bid sale) of any series of such
revenue bonds by resolution of the Commissioners of
Finance of the City, unless the City shall otherwise pre-
scribe; providing that the Commissioners of Finance may
determine by resolution or by other appropriate action
all other matters pertaining to the issuance, sale or
delivery of any series of such revenue bonds, including
(without limitation) the provisions of trust between the
City and the trustee, the creation of a construction fund
to be held by the trustee and provision for its disburse-
ment, provision for the investment of moneys held by the
trustee, provision of remedies for bondholders in the
event of default and provision for the enactment of
supplemental ordinances and resolutions; providing that
all or a portion of such revenue bonds may be refunded;
and generally providing for and determining various
matters in connection with the authorization, issuance,
security, sale and payment of such revenue bonds.
RECITALS
A. Subsection (50) — Revenue Bonds and Obligations,
of Article II of the Charter of Baltimore City (1964 Re-
vision, as amended) (the "Enabling Law") authorizes
Mayor and City Council of Baltimore (the "City") to
borrow money through the issuance and sale of its reve-
nue bonds for the accomplishment of any of the purposes,
966 ORDINANCES Ord. No. 848
objects and powers of the City. Revenue bonds issued
pursuant to the Enabling Law shall be payable, as to both
principal and interest, solely from and secured solely by
(i) the revenues from or arising in connection with the
property, facilities, developments and improvements
whose financing is undertaken by issuance of the bonds,
(ii) the revenues from or arising in connection with any
contracts, mortgages or other securities purchased or
otherwise acquired with the proceeds of the bonds, (iii)
the contracts, mortgages or other securities purchased or
otherwise acquired with the proceeds of the bonds, or
(iv) any combination of (i), (ii) or (iii). (The matters
recited in (i), (ii), (iii) and (iv) are occasionally re-
ferred to as the "Security".)
The Enabling Law authorizes the City to authorize and
empower the Commissioners of Finance of the City (the
"Commissioners of Finance") by resolution: (i) to de-
termine and set forth certain matters pertaining to the
bonds, including but not limited to, the form, terms, pro-
visions, manner or method of issuing and selling (in-
cluding negotiated as well as competitive bid sale), and
the time or times of issuance, and any and all other de-
tails of any such bonds, and the issuance and sale there-
of; and (ii) to do any and all things necessaiy, proper
or expedient in connection with the issuance and sale of
such bonds authorized to be issued under the Enabling
Law.
Any bonds issued pursuant to the Enabling Law may
be secured by a trust agreement between the City and a
corporate trustee, which may be any trust company, or
bank having trust powers, within or without the State of
Maryland. The Enabling Law authorizes the City to au-
thorize the Commissioners of Finance to approve the
form of the trust agreement.
The trust agreement may: (i) pledge or assign all or
any part of the Security; (ii) contain whatever pro-
visions for the protection and enforcement of the rights
and remedies of bondholders are deemed reasonable and
proper; (iii) set forth the rights and remedies of the
bondholders and of the trustee and may restrict the in-
dividual right of action by bondholders; and (iv) contain
ORDINANCES 967
whatever other provisions are deemed reasonable and
proper for the security of the bondholders.
B. Subsection (15) — Land Development and Rede-
velopment, of Article II of the Charter of Baltimore City
(1964 Revision, as amended) (the "General Redevelop-
ment Law") authorizes the City: (i) to acquire land and
property in the City of Baltimore, Maryland ("Balti-
more") for development or redevelopment, including but
not limited to the comprehensive renovation or rehabilita-
tion thereof; (ii) to develop and redevelop, including but
not limited to the comprehensive renovation or rehabilita-
tion of, any and all land or property acquired pursuant to
the General Redevelopment Law; (iii) to sell, lease,
convey, transfer or otherwise dispose of any of said land
or property, regardless of whether or not it has been
developed, redeveloped, altered or improved and irrespec-
tive of the manner or means in or by which it may have
been acquired, to any private, public or quasi public cor-
poration, partnership, association, person or other legal
entity, for development or redevelopment, including but
not limited to, the comprehensive renovation or rehabili-
tation thereof; and (iv) to preserve for the City or any
departments or agencies thereof, any of said land or
property, or any rights or interests therein, for public
use, irrespective of the manner or means in or by which
it may have been acquired.
C. Article XI-C— Off-Street Parking, of the Mary-
land Constitution ("Article XI-C") authorizes the Gen-
eral Assembly of Maryland, by public local law, to au-
thorize the City: (i) to acquire land and property of any
ia»4 KIND in Baltimore by purchase, lease, gift, condem-
nation or any legal means, for storing, parking and servic-
ing self-propelled vehicles; and (ii) to sell, lease, convey,
transfer or otherwise dispose of any of said land or prop-
erty, regardless of whether or not it has been developed,
redeveloped, altered, or improved and irrespective of the
manner or means in or by which it may have been
acquired, to any private, public or quasi public corpora-
tion, partnership, association, person or other legal
entity. All land or property needed, or taken by the exer-
cise of the power of eminent domain, by the City for any
of the aforesaid purposes or in connection with the
968 ORDINANCES Ord. No. 848
powers which may be granted to the City pursuant to
Article XI-C, is declared by Article XI-C to be needed or
taken for a public use.
D. Subsection (20) — Parking of Vehicles, of Article
II of the Charter of Baltimore City (1964 Revision, as
amended) ("Subsection 20") authorizes the City: (i) to
acquire land and property of any kind in Baltimore by
purchase, lease, condemnation or any legal means, and
to regulate buildings, structures and other facilities
thereon, thereunder or therein, or on, under or in any
land or property owned or controlled by the City, for
storing, parking and servicing self-propelled vehicles, and
to establish and collect fees or charges for the use thereof;
and (ii) to sell, lease, convey, transfer or otherwise
dispose of any of said land or property regardless of
whether or not it has been developed, redeveloped, altered
or improved, and irrespective of the manner or means in
or by which it may have been acquired, to any private,
public or quasi public corporation, partnership, associa-
tion, person or other legal entity. Article XI-C, Subsec-
tion 20 and the General Redevelopment Law are referred
to herein collectively as the "Redevelopment Laws".
E. As part of the overall plan and strategy for the
development and redevelopment of Baltimore, the City
has sought to encourage residential, commercial and re-
lated opportunities in downtown Baltimore in order to
hold and attract taxpayers. That objective can best be
accomplished by encouraging private industry to invest
and reinvest in the downtown area. One of the specific
projects of that plan and strategy is the rejuvenation of
the Mt. Vernon area, which project is set forth in the
Urban Renewal Plan, as amended, for the Mt. Vernon
Urban Renewal Area (the "Community"), created by
Ordinance No. 281, enacted by the City on June 22, 1964.
F. The area generally bounded by Hunter, Centre, St.
Paul and Monument Streets, including certain air rights
(the "Project Area"), which has been or will be acquired
by the City pursuant to the Redevelopment Laws, is a
vital element in the rehabilitation of the Community and
has been identified by the City as an ideal location for
the development of additional residential and off-street
ORDINANCES 969
parking facilities, in conjunction with commercial devel-
opment. That development objective has been or will be
specifically incorporated into the Urban Renewal Plan
for the Community.
G. The Chesapeake Life Insurance Company, a Mary-
land corporation, (the "Company") has proposed to de-
velop a multi-use center on the Project Area, consisting
of office space, residential units, off-street parking, com-
mercial space and related facilities (the "Chesapeake
Center"). The Company, which currently has its main
offices adjacent to the Project Area, further proposes to
maintain and expand its support for the renewal of Bal-
timore by (i) utilizing a substantial portion of the office
space of Chesapeake Center as its corporate headquarters,
and (ii) investing a significant amount of equity capital
in the development of the Chesapeake Center.
H. In order to achieve the development objectives
authorized by the Redevelopment Laws, the City proposes
to finance the Chesapeake Center by several issues of
bonds relating to different elements of the Chesapeake
Center, each authorized by a bond ordinance similar to
this ordinance. Although each issue of bonds will be
separate, it is recognized by the City that all of the
bond issues are necessary for and will relate to the de-
velopment of the Chesapeake Center.
I. The City has determined to issue and sell in an
amount not to exceed $7,000,000 aggregate principal
amount of its "Off-Street Parking Development Revenue
Bonds (Chesapeake Center Project)" (the "Bonds") and
to use the proceeds of the Bonds to (a) finance the acqui-
sition and construction of off-street parking and related
or ancillary facilities including any land necessary there-
for in the Project Area (the "Facilities"), (i) by direct
loan to the Company, or (ii) through construction of the
Facilities by the City and subsequent lease of the Fa-
cilities by the City to the Company, or (iii) through con-
struction of the Facilities by the Company, purchase of
the Facilities by the City and subsequent lease of the
Facilities by the City to the Company, or (iv) through
any combination of one or more of the foregoing; (b)
establish a debt service reserve fund or funds to secure
970 ORDINANCES Ord. No. 848
further the Bonds and (c) pay the costs of issuance of
the Bonds, including the expense of engraving and print-
ing the Bonds, the official statement and other legal docu-
ments related thereto, advertising, legal and accounting
fees and all other incidental expenses connected therewith
(the "Costs of Issuance"). The terms and conditions of
the financing shall be set forth, depending on the form
of the transaction, in a lease agreement (the "Lease
Agreement"), and/or a loan agreement (the "Loan
Agreement") and/or a combined purchase and sale agree-
ment with the Company and an agreement of lease to the
Company (the "Sale-Lease Agreement"), which docu-
ment (s) shall be approved and executed pursuant to this
ordinance. The public purposes of the financing are (i)
to achieve the development of land acquired by the City
pursuant to the Redevelopment Laws, (ii) to provide
essential off-street parking facilities in the Community
and in Baltimore, (iii) to prevent the deterioration of
existing facilities and neighborhoods in Baltimore, and
(iv) to encourage the rejuvenation of the Community*
and Baltimore's downtown area, thereby encouraging
economic development and protecting the health, welfare
and safety of the citizens of the State of Maryland and
of Baltimore.
Section 1. Be it ordained by THE Mayor and City Coun-
cil of Baltimore, That, acting pursuant to the Enabling Law,
it is hereby found and determined, as follows:
(1) There is a need for additional off-street parking, in
conjunction with new residential and employment oppor-
tunities, for residents, employees, commercial tenants and
others in the Community and in Baltimore. As a result of
this need not being met, there has been a movement of
financially self-sufficient taxpayers from the Community
and from Baltimore to surrounding subdivisions.
(2) The issuance of revenue bonds by the City pursuant
to the Enabling Law to finance development of off-street
parking and related facilities will achieve the development
objectives authorized by the Redevelopment Laws, will
foster both the creation of new residential, commercial and
related facilities and the renovation and rehabilitation of
ORDINANCES 971
existing" facilities, and will encourage investment and re-
investment in such development activity by private industry
in both the Community and Baltimore.
(3) The accomplishment of the transactions contem-
plated and authorized by this ordinance, including" (without
limitation) the development of off-street parking and re-
lated facilities and the financing thereof will accomplish a
public purpose and meet existing public needs by (i) devel-
oping land acquired by the City pursuant to the Redevelop-
ment Laws in a planned, orderly and harmonious fashion,
compatible with both existing and future development, (ii)
creating additional off-street parking and related facilities
in the Community and in Baltimore, (iii) retarding or re-
versing the movement of financially self -sufficient taxpayers
from Baltimore to surrounding subdivisions, (iv) preventing
the further deterioration of existing residential and com-
mercial facilities and neighborhoods within Baltimore, and
(v) furthering the rejuvenation and economic development
of the Community and Baltimore.
(4) Neither the Bonds nor interest coupons issued un-
der the authority of the Enabling Law constitute (i) a
debt or general obligation of the City or any other political
subdivision, or (ii) a pledge of or an involvement of the
faith and credit or the taxing powers of the City or any
other political subdivision, all within the meaning of Section
7 of Article XI of the Constitution of Maryland or any other
constitutional, statutory or charter provision, and the Bonds
and any interest coupons attached thereto shall never con-
stitute or give rise to any pecuniary liability of the City.
The principal of and interest on the Bonds shall be payable
from, and secured by (a) an assignment of the revenues
realized under the Lease Agreement and/or the Loan Agree-
ment and/or the Sale-Lease Agreement, which in turn de-
rive from or arise in connection with the property, facili-
ties, developments and improvements, the financing of
which is undertaken by the issuance of the Bonds, and (b)
any debt service reserve fund or funds established by the
Commissioners of Finance. The Bonds may be additionally
secured (without in any way specifying or limiting the
terms of such additional security) by (i) one or more mort-
gage liens on or security interests in the property (or any
interest therein including a leasehold estate), facilities, de-
972 ORDINANCES Ord. No. 848
velopments and improvements, financed by the proceeds of
the Bonds, with the payments under the mortgage or
security instrument assigned to the trustee for the holders
of the Bonds (the "Bondholders") ; or (ii) insuring the
mortgage payments through such Federal, State or mu-
nicipal fund or other agency permitted by applicable law
to perform insuring functions; or (iii) assigning the pro-
ceeds of the mortgage insurance to the trustee for the
Bondholders; or (iv) such other security as the Commis-
sioners of Finance may approve; or (v) any combination
of (i), (ii), (iii) and (iv). The principal amount of the
Bonds and the payments to be made pursuant to the Lease
Agreement, and/or the Loan Agreement and/or the Sale-
Lease Agreement will be paid directly to, and will be dis-
bursed by, the independent trustee appointed by the Com-
missioners of Finance pursuant hereto. No such moneys
will be either commingled with the City's funds or made
subject to the absolute control of the City, except for such
limited supervision and checks as are deemed necessaiy or
desirable by the City to insure that the proceeds of the
Bonds are used to accomplish the public purposes of the
Enabling Law and this ordinance. The transactions author-
ized hereby do not constitute a public improvement or a
capital project within the meaning of any charter or statu-
tory provision. The public purposes expressed in this ordi-
nance are intended to be achieved by developing property
acquired by the City pursuant to the Redevelopment Laws,
providing off-street parking and related facilities within the
Community and Baltimore for taxpayers, retarding or re-
versing the movement of financially self-sufficient taxpayers
from Baltimore to surrounding subdivisions, preventing the
deterioration of existing residential and commercial facili-
ties and neighborhoods in Baltimore and encouraging the
rejuvenation and economic development of Baltimore.
Sec. 2. And be it further ordained, That, in accordance
with the Enabling Law, any and all loans, leases, purchase
and sale agreements and related agreements made pursuant
to this ordinance shall be approved: (i) by the City Solici-
tor of the City (the "City Solicitor") ; (ii) by a resolution
of the Board of Estimates of the City (the "Board of Esti-
mates") ; and (iii) by the Mayor or acting Mayor of the
City of Baltimore (the "Mayor"). This ordinance is in-
ORDINANCES 973
tended to be, and shall constitute, upon the approval of the
Loan Agreement and/or the Lease Agreement and/or the
Sale-Lease Agreement by the City Solicitor, the Board of
Estimates and the Mayor, a binding and enforceable com-
mitment by the City to issue and deliver the Bonds author-
ized hereby in accordance with the terms hereof.
Sec. 3. And be it further ordained, That, the issuance,
sale and delivery of an amount not exceeding $7,000,000
aggregate principal amount of revenue bonds, hereby desig-
nated "Off-Street Parking Development Revenue Bonds
(Chesapeake Center Project)" is hereby authorized, subject
to the provisions of this ordinance. The proceeds of the
Bonds are to be used (a) to finance the acquisition and
construction of the Facilities and (b) to pay the Costs of
Issuance. The Bonds are to be solely and exclusively payable
from, and secured by (a) the revenue derived from pay-
ments under the Lease Agreement and/or the Loan Agree-
ment and/or the Sale-Lease Agreement and (b) any debt
service reserve fund or funds established by the Commis-
sioners of Finance. The Commissioners of Finance may re-
quire, however, that the Bonds be additionally secured by
(i) one or more mortgage liens on or security interests in
the property (or any interest therein including a leasehold
estate), facilities, developments and improvements, the fi-
nancing of which is undertaken by the issuance of the
Bonds, with the payments under the mortgages or security
interests assigned to the trustee for the Bondholders; or
(ii) insuring the mortgage payments through such Federal,
State, or municipal fund or other agency permitted by
applicable law to perform insuring functions; or (iii) as-
signing the proceeds of the mortgage insurance to the
trustee for the Bondholders; or (iv) such other security
as the Commissioners of Finance may approve; or (v) any
combination of (i), (ii), (iii) and (iv). The aggregate prin-
cipal amount of Bonds issued, sold and delivered pursuant
to this ordinance shall not exceed $7,000,000 unless such
amount shall be increased by an ordinance of the City
supplemental hereto.
In accordance with the Enabling Law, the City hereby
authorizes the Commissioners of Finance to make the ad-
ministrative determinations necessary for the issuance of
974 ORDINANCES Ord. No. 848
the Bonds. The Enabling Law provides that the Commis-
sioners of Finance, by resolution, may prescribe certain
matters, including (without limitation) the form, terms,
provisions, manner or method of issuing and selling (in-
cluding negotiated as well as competitive bid sale) and the
time or times of issuance, and any and all other details of
the Bonds, and the issuance and sale thereof. This ordi-
nance, accordingly, provides that the Commissioners of
Finance shall make such determinations in connection with
the issuance and sale of the Bonds, as provided in the En-
abling Law, unless the City shall otherwise prescribe prior
to the issuance and delivery of the Bonds.
The Bonds authorized by this ordinance may be issued
in one or more series, and each series shall be identified by
a letter designation, so that the first series (if the issuance
of more than one series of Bonds hereunder is then con-
templated) shall be designated "Off -Street Parking Develop-
ment Revenue Bonds (Chesapeake Center Project), 1978
Series A". The aggregate principal amount of Bonds to be
issued pursuant to this ordinance at any one time shall be
determined by the Commissioners of Finance by resolution
adopted prior to the delivery of the Bonds.
The Bonds of a series of Bonds shall be dated as of the
first day of the month next following the date on which the
series of Bonds is sold unless the Commissioners of Finance
shall specify a different date in its resolution hereinafter
described, and the Bonds shall bear interest at an annual
rate or rates payable semi-annually following the date of
the series of Bonds so that, if the Bonds of a series are
dated January 1, 1979, interest on that series of Bonds will
be payable on July 1, 1979, January 1, 1980, and semi-
annually thereafter.
The Bonds of each series of Bonds issued hereunder shall
mature on the date or dates provided in the resolution of
the Commissioners of Finance hereinafter described, but
the last maturity of any series of Bonds shall in no event
exceed a period of forty (40) years from the date of that
particular series of Bonds. If the resolution of the Commis-
sioners of Finance hereinafter described does not provide
any maturity or maturities for a series of Bonds, all of the
Bonds of the series shall mature on the date thirty (30)
ORDINANCES 975
years from the date of that particular series of Bonds. If
the Bonds of a series are dated January 1, 1979, all the
Bonds of that series will mature (in the absence of a reso-
lution of the Commissioners of Finance determining other-
wise) on January 1, 2009.
The terms of this ordinance shall not be interpreted so
as to preclude or prevent the issuance of refunding bonds
to refund all or a portion of the Bonds. The adoption of a
subsequent ordinance or ordinances authorizing such a re-
funding of the Bonds is expressly contemplated by this
ordinance.
Sec. 4. And be it further ordamed, That, prior to the
delivery of any series of Bonds, the Commissioners of
Finance shall adopt a resolution or resolutions which shall
prescribe (i) the principal amount of Bonds to be issued as
a series at any one time, (ii) redemption provisions for the
series of Bonds, and (iii) the sinking fund requirements,
if any, for the series of Bonds.
Prior to the delivery of any series of Bonds, the Com-
missioners of Finance may also adopt a resolution or reso-
lutions which may prescribe (i) the date of issue of the
series of Bonds, (ii) the maturity or maturities of the
series of Bonds, (iii) any additional terms necessary or
appropriate to reflect any matters provided by that resolu-
tion and (iv) other matters deemed appropriate by the
Commissioners of Finance.
Any resolution or resolutions adopted pursuant to this
section of this ordinance shall be deemed to be of an ad-
ministrative nature and shall be effective upon approval of:
(i) the Board of Estimates, (ii) the City Solicitor and
(iii) the Mayor.
Sec. 5. And be it further ordained, That, it is hereby
found and determined that the best interests of the City
will be served by authorizing the Commissioners of Finance
to determine the method of sale of the Bonds, (including
negotiated private sale or competitive bid sale), as author-
ized by the Enabling Law, and upon the terms and condi-
tions determined by the Commissioners of Finance as here-
inafter authorized.
976 ORDINANCES Ord. No. 848
Authority is hereby conferred on the Commissioners of
Finance, unless the City shall otherwise prescribe prior to
the issuance and delivery of the Bonds, to take the follow-
ing actions and to make the following commitments on
behalf of the City:
(a) to deliver the Lease Agreement and/or the Loan
Agreement and/or the Sale-Lease Agreement by and be-
tween the City and the Company in the form determined
by resolution of the Commissioners of Finance and ap-
proved by the Board of Estimates and the City Solicitor,
such Lease Agreement and/or Loan Agreement and/or
Sale-Lease Agreement to be executed by the Mayor and
attested by the Treasurer or the Deputy Treasurer of the
City of Baltimore (the "Treasurer") ;
(b) to prepare and distribute, in conjunction with rep-
resentatives of the Company and the prospective purchasers
of or underwriters for the Bonds, both a preliminary and a
final official statement (which final official statement shall
be executed by the Mayor and attested by the Treasurer)
in connection with the sale of the Bonds; provided, how-
ever, that any preliminary official statement shall be clearly
marked to indicate that it is subject to completion and
amendment ;
(c) to determine the date, time and place when a bond
purchase or underwriting agreement shall be submitted by
the purchasers of or underwriters for the Bonds, such bond
purchase or underwriting agreement to specify the interest
rate or rates proposed to be paid on the Bonds, the price
at which the Bonds are to be sold to the purchasers or
underwriters, and such other matters as the purchasers or
underwriters and the City officials may deem necessary or
desirable in order to effect the sale and delivery of the
Bonds ;
(d) to determine the interest rate or rates to be paid
by the City on the Bonds in accordance with the proposed
bond purchase or underwriting agreement submitted by the
purchasers or underwriters for the Bonds, but only after
the Company shall have given the City written approval of
such rate or rates ;
(e) to deliver, as a binding and enforceable obligation
of the City, the bond purchase or underwriting agreement
ORDINANCES 977
for the Bonds by and between the City and the purchasers
or underwriters for the Bonds, such bond purchase or un-
derwriting agreement to be executed by the Mayor and
attested by the Treasurer, and to proceed to accomplish
any and all actions necessary or deemed appropriate by
either the City, the purchasers or the underwriters to issue
and deliver the Bonds to the purchasers or underwriters in
accordance with the provisions of this ordinance and the
bond purchase or underwriting agreement ;
(f ) to appoint a bank having trust powers, or a trust
company, as trustee for the Bondholders ;
(g) in order to insure that the Bonds are issued without
direct cost to the City, to provide for the payment, either
directly by the Company or out of the proceeds of the
Bonds, of all costs, fees and expenses incurred by or on
behalf of the City in connection with the issuance of the
Bonds, such payments to include (without limitation) costs
of printing and issuing the Bonds, legal expenses, and com-
pensation to any persons (other than full-time employees
of the City) performing services by or on behalf of the
City in connection with the transactions contemplated by
this ordinance;
(h) to deliver to the trustee, as a binding and enforce-
able obligation of the City, the trust agreement between
the City and the trustee, executed by the Mayor and at-
tested by the Treasurer, which trust agreement may be a
resolution of the Commissioners of Finance; and
(i) to do any and all things necessary, proper or ex-
pedient in connection with the issuance and sale of the
Bonds.
Sec. 6. And be it further ordained, That, prior to the sale
of any series of Bonds, the Commissioners of Finance, un-
less the City shall otherwise prescribe prior to the issuance
and delivery of the Bonds, may determine by resolution:
(1) the provisions of the trust agreement between the
City and the trustee;
(2) the manner of execution, authentication, registra-
tion and transfer of the Bonds;
978 ORDINANCES Ord. No. 848
(3) provisions for authentication and delivery of the
Bonds;
(4) the provisions of the Lease Agreement and/or Loan
Agreement and/or Sale-Lease Agreement between the City
and the Company;
(5) the terms of the mortgage, security instrument or
other evidence, if any, of the obligation of the Company or
successors in interest, provided for each series of Bonds;
(6) provisions for creation, holding and disbursement
of a construction fund to be held by the trustee;
(7) provisions for creation, holding and disbursement
of any other funds and accounts to be held by the trustee,
including a reserve fund further to secure the Bonds;
(8) provisions for the application of receipts and reve-
nues from the Company;
(9) provisions for the security for and investment of
moneys held by the trustee;
(10) the details of the procedure for the redemption of
the Bonds;
(11) remedies for Bondholders in the event of default;
(12) the duties, rights and immunities of the trustee;
(13) the manner of execution of instruments by Bond-
holders and the method of proof of ownership of the Bonds;
(14) provisions for modification of this ordinance and
the Lease Agreement and/or Loan Agreement and/or Sale-
Lease Agreement;
(15) provisions for defeasance of the Bonds;
(16) the forms of the Bonds, coupons and the trustee's
authentication certificate; and
(17) such other matters in connection with the au-
thorization, issuance, security, sale and payment of and for
the Bonds as may be deemed appropriate by the Commis-
sioners of Finance.
Any resolution or resolutions adopted pursuant to this
ordinance shall be deemed to be of an administrative nature
ORDINANCES 979
and shall be effective upon approval by: (i) the Board of
Estimates, (ii) the City Solicitor and (iii) the Mayor.
Sec. 7. And be it further ordained, That, if any action on
any matter delegated to the Commissioners of Finance,
shall not be acted upon by the Commissioners of Finance,
such action or matter may be acted upon or implemented by
a resolution, approved by the City Council of the City, which
is subsequently approved by the Mayor.
SEC. 8. And be it further ordained, That, the provisions
of this ordinance are severable, and if any provision, sen-
tence, clause, section or part thereof is held illegal, invalid
or unconstitutional or inapplicable to any person or circum-
stances, such illegality, invalidity or unconstitutionality, or
inapplicability shall not affect or impair any of the re-
maining provisions, sentences, clauses, sections, or parts of
this ordinance or its application to other persons or circum-
stances. It is hereby declared to be the legislative intent that
this ordinance would have been adopted if such illegal, in-
valid or unconstitutional provision, sentence, clause, section
or part had not been included therein, and if the person or
circumstances to which this ordinance or any part thereof
is inapplicable had been specifically exempted therefrom.
Sec. 9. And be it further ordained, That, this ordinance
shall take effect from the date of its passage.
Approved July 20, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 849
(Council No. 1630)
An Ordinance granting permission to Samuel Winik for
the establishment, maintenance and operation of an open
area for the parking of motor vehicles on the property
known as 10 S. Howard Street, as outlined in red on the
980 ORDINANCES Ord. No. 849
plats accompanying this ordinance, under the provisions
of Section 9.0-3d of Article 30 of the Baltimore City Code
(1976 Edition), title "Zoning Ordinance," concerning
parking lot districts.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That permission be and the same is hereby
granted to Samuel Winik, for the establishment, mainte-
nance, and operation of an open area for the parking of
motor vehicles on the property known as 10 S. Howard
Street, as outlined in red on the plats accompanying this
ordinance, under the provisions of Section 9.0-3d of Article
30 of the Baltimore City Code (1976 Edition), title "Zoning
Ordinance", concerning parking lot districts.
SEC. 2. And be it further ordained, That upon passage of
this ordinance by the City Council, as evidence of the au-
thenticity of the plat which is a part hereof and in order to
give notice to the departments which are administering
the Zoning Ordinance, the President of the City Council
shall sign the plat and, when the Mayor approves the ordi-
nance, he shall sign the plat. The City Treasurer shall then
transmit a copy of the ordinance and one of the plats to the
following: the Board of Municipal and Zoning Appeals, the
Planning Commission, the Commissioner of the Department
of Housing and Community Development, the Commis-
sioner of Transit and Traffic, and the Zoning Administrator.
Sec. 3. And be it further ordained, That the provisions of
the aforesaid Section 9.0-3d of Article 30 of the Baltimore
City Code (1976 Edition), title "Zoning Ordinance" shall
be fully complied with.
Sec. 4. And be it further ordained, That this ordinance
shall take effect thirty days from the date of its passage.
Approved July 20, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
ORDINANCES 981
No. 850
(Council No. 1671)
An Ordinance to add Section 7,1 lb 27a 7.1-1B-57A to Ar-
ticle 30 of the Baltimore City Code (1976 Edition), title,
"Zoning", subtitle "Industrial Districts", AND TO RE-
PEAL SECTION 7.2-1B-34 OF THE SAME ARTICLE,
TITLE, AND SUBTITLE, adding diaper LINEN, TOW-
EL, DIAPER, AND OTHER SIMILAR supply establish-
ments to the list of uses permitted in the M-l District.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That new Section 7,1 lb 27a 7.1-1B-57A be
and it is hereby added to Article 30 of the Baltimore City
Code (1976 Edition), title "Zoning", subtitle "Industrial
Districts", to read as follows:
7.1-lb
gfe. Diaper 57 A. LINEN, TOWEL, DIAPER, AND
OTHER SIMILAR supply establishments
SEC. 2. AND BE IT FURTHER ORDAINED, THAT
SECTION 7.2-1B-34 OF ARTICLE 30 OF THE BALTI-
MORE CITY CODE (1976 EDITION) , TITLE "ZONING",
SUBTITLE "INDUSTRIAL DISTRICTS", BE AND IT IS
HEREBY REPEALED :
7.2-1B
[34. LINEN, TOWEL, DIAPER, AND OTHER SIMI-
LAR SUPPLY ESTABLISHMENTS]
Sec. 2t 3. And be it further ordained, That this ordinance
shall take effect thirty days from the date of its passage.
Approved July 20, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
982 ORDINANCES Ord. No. 851
No. 851
(Council No. 1778)
An Ordinance to repeal subsections (a), (b), (c), (d), (e)
and (f) of Section 7 of Article 22 of the Baltimore City
Code (1976 Edition), as amended, title "Retirement Sys-
tems", subtitle "Employees' Retirement System" and to
ordain new subsections (a), (b), (c), (d), (e), (f) and
(g) to Section 7 of said Article 22; to repeal subsections
(a), (b), (c), (d), (e) and (f) of Section 35 of Article
22 of the Baltimore City Code (1976 Edition), as
amended, title "Retirement Systems", subtitle "Fire and
Police Employees Retirement System" and to ordain new
subsections (a), (b), (c), (d), (e), (f) and (g) to Sec-
tion 35 of said Article 22; and to repeal subsections (a),
(b), (c) and (d) of Section 43 of Article 22 of the Balti-
more City Code (1976 Edition), as amended, title "Re-
tirement Systems", subtitle "Advisory Investment Com-
mittee" and to ordain new subsections (a) and (b) to
Section 43 of said Article 22, to be under the new sub-
title "Investment Advisors" ; revising certain provisions
regarding the investment, management and custody of
the several funds of the respective retirement systems,
defining the powers and duties of the Boards of Trustees
of said retirement systems with respect thereto, au-
thorizing the Boards of Trustees to employ investment
advisors, and relating generally to the funds held by the
said retirement systems and to the investment, manage-
ment and custody of such funds.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That subsections (a), (b), (c), (d), (e) and
(f) of Section 7 of Article 22 of the Baltimore City Code
(1976 Edition), as amended, title "Retirement Systems",
subtitle "Employees' Retirement System" be and they are
hereby repealed, and that new subsections (a), (b), (c),
(d), (e), (f) and (g) be added to Section 7 of said Article
22, to read as follows :
7. Management of funds.
£ (a) Trustee of Funds. The Board of Trustees shall be
the trustees of the several funds of the Employees' Retire-
ORDINANCES 983
ment System of the City of Baltimore created by Article 22
under this subtitle as provided in Section 8, and shall have
full power to invest and reinvest such funds in the following
types or classes of assets subject to the limitations, if any,
as set forth with regard to each type or class of investment.
(1) Cash or deposits in checking or savings accounts,
under certificates of deposits or in any other form in na-
tional or state banks and trust companies.
To the extent that such an investment or account is in-
sured by the Federal Savings and Loan Insurance Corpora-
tion, or by the Maryland Savings-Share Insurance Corpora-
tion, said Trustees may invest in shares of savings and loan
associations or building and loan associations in the State
of Maryland.
(2) Interest-bearing bonds, notes, certificates of indebt-
edness, bills or other direct interest-bearing obligations
fully guaranteed both as to principal and interest by the
United States of America, or by Canada, and obligations
of the International Bank for Reconstruction and Develop-
ment and obligations of the Inter-American Development
Bank.
(3) Interest-bearing bonds of any state, District of
Columbia, territory or possession of the United States of
America, or of any province of Canada, or of any county,
or incorporated city of any state, District of Columbia,
territory or possession of the United States of America, or
any Canadian municipality.
(4) Interest-bearing bonds of any commission, instru-
mentality, authority or political subdivision having legal
authority to issue the same, of the United States of Ameri-
ca, Canada, any state, District of Columbia, territory or
possession of the United States of America or of any
province of Canada, or of any county or incorporated city
of any state, District of Columbia, territory or possession
of the United States of America or of any province of
Canada.
(5) Interest-bearing bonds, notes or other interest-bear-
ing obligations of any corporation organized under the laws
of the United States of America or of Canada or province
984 ORDINANCES Ord. No. 851
thereof, or under the laws of any state, District of Colum-
bia, territory or possession of the United States of America.
Equipment trust obligations or certificates or other secured
instruments evidencing an interest in transportation of
other equipment wholly or in part within the United States
of America or Canada with a right to receive determined
portions of rental, purchase price or other fixed obligatory
payments for the use or purchase of such transportation
or other equipment.
(6) Dividend-paying stocks or shares of any corpora-
tion created or existing under the laws of the United States
of America, Canada or province thereof, or of any state,
District of Columbia, territory or possession of the United
States of America; provided, however, that such invest-
ments in stocks shall not exceed fifty percent (50%) of the
total market value of all the assets of the funds of the
Employees' Retirement System referred to herein. An
evaluation of the total assets of the Retirement System
shall be made at least once in every three (3) months, for
the purposes of maintaining this fifty percent (50%)
limitation.
(7) Loans secured by first mortgages, or deeds of
trust, on unencumbered fee-simple or improved leasehold
real estate in the District of Columbia or in any state of
the United States of America or province of Canada. When-
ever such loans are made upon fee-simple, or leasehold real
estate which is improved by a building or buildings, the
said improvements shall be insured against loss by fire and
such other casualties as are included in extended coverage
policies, and the said insurance policies shall contain the
New York or Massachusetts standard mortgage clause or
one equivalent thereto and shall be delivered to the mort-
gage as additional security for the said loans. Bonds, notes
or other evidence of indebtedness secured by mortgages or
deeds of trust which are guaranteed or insured by an in-
strumentality of the United States pursuant to acts of
Congress, as heretofore and hereafter amended, known as
the National Housing Act, Servicemen's Readjustment Act
of 1944, and the Bankhead-Jones Farm Tenant Act; and
neither the limitations of this section nor any other law of
this State requiring security upon which loans shall be
made, or prescribing the nature, amount or forms of such
ORDINANCES 985
security, or limiting the interest rates upon loans, shall be
deemed to apply to such insured or guaranteed mortgage
loans. Provided, however, that such investments in mort-
gages shall not exceed twenty-five percent (25%) of the
total market value of all the assets of the funds of the Em-
ployees' Retirement System referred to herein, and an
evaluation of the total assets of the Retirement System
shall be made at least once in every three (3) months, for
the purpose of maintaining this twenty-five percent (25%)
limitation. Upon a foreclosure of its own mortgages or an
acceptance of a deed in lieu of foreclosure by the Trustees,
the said Trustees shall have the right to purchase, hold,
operate, lease, manage and/or sell the subject real estate.
(8) Ground rents in the State of Maryland.
(9) Interest, rents or other fixed income due and ac-
crued on any of the investments authorized in the preced-
ing subsections.
Provided, however, that nothing in this amendatory or-
dinance shall be deemed to render illegal or to invalidate
the making and holding of any investment heretofore made
and now held by the Board of Trustees of the said funds
where such investment when made was authorized by law
prior to the enactment of this amendatory ordinance; and
provided further, that nothing herein shall be deemed to
prevent the Board of Trustees from accepting, in lieu or
substitution of securities representing investments hereto-
fore validly made, other securities not of the kind enumer-
ated but authorized by ordinance as investments for the said
Board prior to the enactment of this amendatory ordinance,
where the Board shall deem such substitution of securities
necessary to preserve the investment of the said funds.
Subject to the terms, provisions and conditions contained
herein, said Trustees shall have full power to hold, pur-
chase, sell, assign, transfer, and dispose of any of the
securities and investments in which any of the funds cre-
ated herein shall have been invested, as well as the pro-
ceeds of said investments and any moneys belonging to said
funds.
(b) Interest. The Board of Trustees annually shall
credit regular interest on the mean amount of the preced-
ing year in each of the funds. The amounts so allowed
986 ORDINANCES Ord. No. 851
shall be due and payable to said funds, and shall be an-
nually credited thereto by the Board of Trustees from
interest and other earnings on the moneys of the Retire-
ment System. Any difference between the earnings of the
funds of this Retirement System as determined in accord-
ance with an appropriate asset valuation method giving
recognition to actual earnings of the funds, and the re-
quired earnings based on the regular interest rate used for
valuation purposes, shall be applied by the Board of Trus-
tees in such amount or amounts as they determine to
either (1) increase or decrease the amount contributed by
the City of Baltimore, and/or (2) to increase or decrease
the period over which the unfunded accrued liability will
be amortized as provided in Section 8(c) (4).
The increase or decrease of contribution and/or the in-
crease or decrease in length of amortization period shall
be determined by the actuary engaged by the Board, on
the basis of regular interest rate used for valuation pur-
poses and of such mortality and other tables as shall be
adopted by the Board of Trustees.
(c) Custodian of funds. The City Treasurer of the City
of Baltimore shall be the custodian of the several funds
of the Retirement System.
(d) Cash on deposit. For the purpose of meeting dis-
bursements for pensions, annuities, and other payments
there may be kept available cash, not exceeding ten per
centum of the total amount in the several funds of the
retirement system, on deposit in one or more banks or
trust companies of the City of Baltimore, organized under
the Laws of the State of Maryland or of the United States,
provided, that the sum on deposit in any one bank or trust
company shall not exceed twenty-five per centum of the
paid up capital and surplus of such bank or trust company.
(e) Conflicts of interest. Except as otherwise herein
provided, no trustee and no employee of the Board of
Trustees shall have any direct interest in the gains or
profits of any investment made by the Board of Trustees,
nor as such receive any pay or emolument for his services.
No trustee or employee of the Board shall, directly or in-
directly, for himself or as an agent in any manner use the
ORDINANCES 987
same, except to make such current and necessary payments
as are authorized by the Board of Trustees; or shall any
trustee or employee of the Board of Trustees become an
endorser or surety or in any manner an obligor for moneys
loaned by or borrowed from the Board of Trustees.
(f ) Nominee registrations of Securities. The Board of
Trustees is hereby empowered to authorize the City Treas-
urer to place securities held by the Board in the name of
a partnership to be formed under the laws of Maryland for
the sole and specific purpose of holding such securities as
the nominee of the Board of Trustees. There shall be
three (3) partners in said partnership; the City Treasurer,
the Deputy City Treasurer and the Chairman of the Board
of Trustees, but only the City Treasurer or Deputy City
Treasurer shall be required to execute documents on be-
half of the partnership which may be necessary or proper
to transfer any of such securities. The articles of part-
nership and any agreement between the partnership and
the Board of Trustees shall be prepared by the City So-
licitor, and shall provide that the City Treasurer at all
times shall have complete custody of the securities placed
in the partnership name, and that such partnership may
act only as the agent of the Board of Trustees, and shall
contain such other terms and conditions as the City Solici-
tor may deem appropriate. The partnership is hereby fur-
ther authorized to enter into agreements with various
banks or other financial institutions to guarantee the sig-
natures made on behalf of the partnership. The articles
of partnership and all agreements executed pursuant here-
to shall be subject to the approval of the Board of
Estimates.]
(a) Trustee of Funds. The Board of Trustees shall be
the trustees of the several funds of the Employees' Retire-
ment System of Baltimore created by Article 22 under this
subtitle as provided in Section 8. The Board of Trustees
shall have the power to invest and reinvest such funds in
the following types or classes of assets subject to the limita-
tions, if any, as set forth with regard to each type or class
of investment.
(1) Deposits in savings accounts, or other evidences of
deposit in national or state banks and trust companies.
988 ORDINANCES Ord. No. 851
To the extent that such an investment or account is in-
sured by the Federal Savings and Loan Insurance Corpora-
tion, or by the Maryland Savings Share Insurance Corpora-
tion, said Trustees may invest in shares of savings and loan
associations or building and loan associations in the State
of Maryland.
(2) Interest-bearing bonds, notes, certificates of in-
debtedness, bills or other direct interest-bearing obligations
fully guaranteed both as to principal and interest by the
United States of America, or by Canada, and obligations of
the International Bank for Reconstruction and Development
and obligations of the Inter- American Development Bank.
(3) Interest-bearing bonds of any state, District of
Columbia, territory or possession of the United States of
America, or of any province of Canada, or of any county,
or incorporated city of any state, District of Columbia, ter-
ritory or possession of the United States of America, or any
Canadian municipality.
(U) Interest-bearing bonds of any commission, instru-
mentality, authority or political subdivision having legal au-
thority to issue the same, of the United States of America,
Canada, any state, District of Columbia, territory or pos-
session of the United States of America or of any province
of Canada, or of any county or incorporated city of any
state, District of Columbia, territory or possession of the
United States of America or of any province of Canada.
(5) Interest-bearing bonds, notes or other interest-
bearing obligations of any corporation organized under the
laws of the United States of America or of Canada or
province thereof, or under the laws of any state, District of
Columbia, territory or possession of the United States of
America. Equipment trust obligations or certificates or
other secured instruments evidencing an interest in trans-
portation or other equipment wholly or in part within the
United States of America or Canada with a right to receive
determined portions of rental, purchase price or other fixed
obligatory payments for the use or purchase of such trans-
portation or other equipment.
(6) Publicly -traded preferred or common stocks or
shares of any corporation created or existing under the laivs
ORDINANCES 989
of the United States of America, Canada or province thereof,
or of any state, District of Columbia, territory or possession
of the United States of America; provided however, that
such investments im, stock shall not exceed fifty percent
(50%) of the total market value of all the assets of the
funds of the Employees' Retirement System referred to
herein. An evaluation of the total assets of the Retirement
System shall be made at least once in every three (3)
months, for the purposes of maintaining this fifty percent
(50%) limitation.
(7) Covered call options may be sold by the Employees'
Retirement System when the underlying common stock is
held in the equity portfolio and when such options are ac-
tively traded on a public exchange, provided, however, that
options are not sold on more than ttventy- five percent (25%)
of the total market value of common stocks held in the port-
folio. Purchase of options will be permitted only when
closing out a previously written covered call option.
(8) Loans secured by first mortgages, or deeds of trust,
on unencumbered fee-simple or improved leasehold real
estate m the District of Columbia or in any state of the
United States of America or province of Canada. Whenever
such loans are made upon fee-simple, or leasehold real
estate ivhich is improved by a building or buildings, the
said improvements shall be insured against loss by fire and
such other casualties as are included in extended coverage
policies, and the said insurance policies shall contain the
New York or Massachusetts standard mortgage clause or
one equivalent thereto and shall be delivered to the mort-
gagee as additional security for the said loans. Bonds, notes
or other evidence of indebtedness secured by mortgages or
deeds of trust which are guaranteed or insured by an instru-
mentality of the United States pursuant to acts of Congress,
as heretofore and hereafter amended, known as the Na-
tional Housing Act, Servicemen's Readjustment Act of
19 %U, and the Bankhead-J ones Farm Tenant Act; and
neither the limitations of this section nor any other laiv of
this State requiring security upon ivhich loans shall be
made, or prescribing the nature, amount or forms of such
security, or limiting the interest rates upon loans, shall be
deemed to apply to such insured or guaranteed mortgage
loans. Provided, however, that such investments in mort-
990 ORDINANCES Ord. No. 851
gages shall not exceed twenty-five percent (25%) of the
total market value of all the assets of the funds of the Em-
ployees' Retirement System referred to herein and an
evaluation of the total assets of the Retirement System shall
be made at least once in every three (3) months, for the
purpose of maintaining this twenty-five percent (25%)
limitation. Upon a foreclosure of its own mortgages or an
acceptance of a deed in lieu of foreclosure by the Trustees,
the said Trustees shall have the right to purchase, hold,
operate, lease, manage and/or sell the subject real estate.
(9) Ground rents m the State of Maryland.
(10) Interest, rents or other fixed income due and ac-
crued on any of the investments authorized in the pre-
ceding subsections.
The Board of Trustees shall have the duty and responsi-
bility of periodically determining investment policies con-
sistent ivith the above limitations, the capital market en-
vironment, and the actuarial characteristics of the Em-
ployees' Retirement System and to publish such investment
policy guidelines by filing a copy thereof with the Depart-
ment of Legislative Reference of Baltimore City, and after
January 1, 1979, also by publication in the Municipal
Journal.
All contributions from time to time paid into the several
funds, and the income thereof, without distinction between
principal and income, shall be held and administered by the
Board of Trustees or its agents in the funds, and the Board
shall not be required to segregate or invest separately any
portion of the funds.
Provided, however, that nothing in this amendatory ordi-
nance shall be deemed to render illegal or to invalidate the
making and holding of any investment heretofore made and
noiv remaining in said funds where such investment tvhen
made ivas authorized by lata prior to the enactment of this
amendatory ordinance; and provided further, that nothing
herein shall be deemed to prevent the Board of Trustees
from accepting, in lieu or substitution of securities repre-
senting investments heretofore validly made, other se-
curities not of the kind enumerated but authorized by ordi-
nance as investments for the said Board prior to the enact-
ORDINANCES 991
ment of this amendatory ordinance, where the Board shall
deem such substitution of securities desirable to preserve
the imvestment of the said funds. Subject to the terms, pro-
visions and conditions contained herein, said Trustees shall
have full poiver to hold, purchase, sell, assign, transfer, and
dispose of any of the securities and i/nvestments in which
any of the funds created herein shall have been invested, as
tvell as the proceeds of said investments and any moneys
belonging to said funds.
(b) Interest. As of July 1, 1978, the Trustees will de-
termine the "carrying value" of the Fund in accordance
with the asset valuation method theretofore employed, and
the "adjusted market value" of the Fund representing an
average fair market value as of that date.
During the 1979 fiscal year, the Trustees will establish a
"Reserve for Book Value" as of July 1, 1978, equal to the
difference as of that date between the carrying value and
the adjusted market value of the Fund. On that date and on
each annual valuation date thereafter, the value of the Fund
assets FOR ACTUARIAL VALUATION PURPOSES will
be carried at (1) the then current adjusted market value,
plus (2) the Reserve for Book Value.
The Board of Trustees annually shall credit regular in-
terest less the investment management, custodian and in-
vestment adviser costs on the mean amount for the pre-
ceding year in each of the funds. After payment of pension
fund management, custodian, and investment adviser serv-
ices as provided in Sections 7(g) and AS (a), any excess of
the earnings of the funds of this Retirement System as de-
termined in accordance with an appropriate asset valuation
method giving effect to actual earnings of the funds, over
the earnings based on the regular interest rate used for
valuation purposes, shall first be applied by the Board of
Trustees to meet the conditions of any asset averaging
method then in use under the System.
An additional amount equal to one and one-half percent
of the mean amount for the preceding year in each of the
funds will be deducted from the remaining excess earnings,
if any, and applied by the Board of Trustees to reduce
the remaining balance, if any, in the "Reserve for Book
Value"; to the extent that excess earnings are less than one
992 ORDINANCES Ord. No. 851
and one-half percent per annum, the City of Baltimore shall
contribute the difference to the "Reserve for Book Value",
averaged over a five year period in accordance with the
asset valuation method theretofore employed. The remaining
excess earnings, if any, shall next be applied by the Board
in such amount or amounts as they determine (1) to de-
crease the amount contributed by the City of Baltimore,
and/or (2) to decrease the period over ivhich the unfunded
accrued liability will be amortized as provided in Section
8(c) (3) , and/ or (3) to reduce the remaining balance, if any,
in the "Reserve for Book Value". Any deficiency of the
earnings of the funds of this Retirement System, as de-
termined in accordance with an appropriate asset valuation
method giving recognition to actual earnings of the funds,
below the required earnings based on the regular interest
rate used for valuation purposes shall first be applied to
meet the conditions of any asset averaging method then in
use under the System; the remaining deficiency in earnings,
if any, shall be applied by the Board of Trustees in such
amount or amounts as they determine either (1) to increase
the amount contributed by the City of Baltimore, and/or
(2) to increase the period over which the unfunded accrued
liability ivill be amortized as provided in Section 8(c)(3).
The increase or decrease of contribution and/or the in-
crease or decrease in length of amortization period shall be
determined by the Board after receiving the advice of the
actuary engaged by the City, on the basis of regular interest
rate used for valuation purposes, and of such mortality and.
other tables as shall be adopted by the Board of Trustees.
(c) Cash on Deposit. For the purpose of meeting dis-
bursements for pensions, annuities, and other payments,
there may be kept available cash on deposit in one or more
banks or trust companies located in the City of Baltimore,
organized under the laws of the State of Maryland or of the
United States, in such amount as the Trustees may by
resolution from time to time adopt, not exceeding a sum
equal to the estimated disbursements projected for a period
of fifteen days. The sums on deposit in bank shall be se-
cured by collateral posted by the depositories of such type
and amount as the Commissioners of Finance may prescribe,
but in no event shall the market value of such collateral be
ORDINANCES 993
less than one hundred percent of the amount on deposit
according to the depositories records. In exercising this
authority for bank deposits, the Trustees shall endeavor to
minimize the amount of such deposits, and shall consider
appropriate money management techniques, including wire
transfers of funds and, the zero-balance-fee-for-service
method of maintaining bank accounts. In no event shall the
bank accounts be used as the basis for, or form part of the
basis for fees for the investment administrators or be used
to provide supplementary compensation for such investment
administrators.
(d) Securities Handling. The Custodian designated in
the Charter of Baltimore City (1964 Revision, as amended)
may cause any investment in securities held by the Trustees
to be registered in or transferred into the name of the
Trustees or into the name of such nominee as the Custodian
may direct, including a nominee partnership created by the
Board of Trustees, or the Custodian may retain them un-
registered and in form permitting transferability, and fur-
ther may authorize its contractual agents to deposit se-
curities with " clearing corporations" as defined in § 8-102
of Article 95B of the Annotated Code of Maryland for the
express purpose of having such clearing corporations act as
centralized depositories of such securities, but the books
and records of the Custodian and its contractual agents
shall at all times show that all such investments are part of
the several funds of the Employees' Retirement System.
The authority to make use of a clearing corporation shall
include the authority to utilize the "book entry" system of
the United States Government, and agencies thereof, for
which the Federal Reserve Bank is the authorized fiscal
agent.
(e) Conflicts of interest. Except as otherwise herein
provided, no trustee and no employees of the Board of
Trustees shall have any direct interest in the gains or profits
of any investment made by the Board of Trustees or their
designees, nor as such receive any pay or emolument for his
services, except as authorized from time to time by the
Board of Estimates. No trustee or employee of the Board
shall, directly or indirectly, for himself or as an agent in
any manner use said gains or pi^ofits, except to make such
current and necessary payments as are authorized by the
994 ORDINANCES Ord. No. 851
Board of Trustees; nor shall any trustee or employee of the
Board of Trustees become an endorser or surety or in any
manner an obligor for moneys loaned by or borrotved from
the Board of Trustees.
(f) Trustee fiduciary liability. Neither the Board of
Trustees nor any agent, person or other entity acting on
behalf of the Board of Trustees shall be liable for the
making, retention or sale of any investment or reinvestment
made as herein provided, nor for any loss or diminution of
the funds, except that due to his or its own gross negligence,
wilful misconduct or lack of good faith.
(g) Custodian and supervision of funds. The City of-
ficial designated in the Charter of Baltimore City (19 6 It-
Revision, as amended) shall be the custodian of the several
funds of the Employees' Retirement System. Supervision of
the several funds of the Employees' Retirement System shall
be vested in the Board of Trustees. Subject to the approval
of the Board of Estimates, the Board of Trustees may hire
and appoint such persons, agents or entities (including cor-
porate fiduciaries) as in its discretion may be required or
advisable to enable it to perform such pension fund invest-
ment management duties hereunder; provided further, that
subject to the approval of the Board of Estimates the Board
of Trustees may enter into agency and pension fund invest-
ment management agreements with one or more qualified
pension fund managers for the purpose of obtaining pension
fund investment management for the Employees' Retire-
ment System and the several funds thereof. Payment for
such investment management services shall be made from
the resources of the pension fund or funds.
Sec. 2. And be it further ordained, That subsections (a),
(b), (c), (d), (e) and (f) of Section 35 of Article 22 of
the Baltimore City Code (1976 Edition), as amended, title
"Retirement Systems", subtitle "Fire and Police Employees
Retirement System" be and they are hereby repealed, and
that new subsections (a), (b), (c), (d), (e), (f) and (g)
be added to Section 35 of said Article 22, to read as follows :
35. Management of Funds.
[(a) Trustees. The Board of Trustees shall be the trus-
tees of the several funds of the Fire and Police Employees
ORDINANCES 995
Retirement System created by Sections 29-41 of this Article
as provided in Section 36, and shall have full power to in-
vest and reinvest such funds in the following types of
assets, subject to the limitations, if any, set forth with
regard to each type or class of investment:
(1) Cash or deposits in checking or savings accounts,
under certificates of deposit or in any other form in na-
tional or state banks and trust companies.
To the extent that such an investment or account is in-
sured by the Federal Savings and Loan Insurance Corpora-
tion, or by the Maryland Savings-Share Insurance Corpora-
tion, said Trustees may invest in shares of savings and loan
associations or building and loan associations in the State
of Maryland.
(2) Interest-bearing bonds, notes, certificates of in-
debtedness, bills or other direct interest-bearing obliga-
tions fully guaranteed both as to principal and interest by
the United States of America, or by Canada, and obliga-
tions of the International Bank for Reconstruction and De-
velopment and obligations of the Inter-American Develop-
ment Bank.
(3) Interest-bearing bonds of any state, District of
Columbia, territory or possession of the United States of
America, or of any province of Canada, or of any county,
or incorporated city of any state, District of Columbia,
territory or possession of the United States of America, or
any Canadian municipality.
(4) Interest-bearing bonds of any commission, instru-
mentality, authority or political subdivision having legal
authority to issue the same, of the United States of Amer-
ica, Canada, any state, District of Columbia, territory or
possession of the United States of America or of any prov-
ince of Canada, or of any county or incorporated city of any
state, District of Columbia, territory or possession of the
United States of America or of any province of Canada.
(5) Interest-bearing bonds, notes or other interest-
bearing obligations of any corporation organized under the
laws of the United States of America or of Canada or prov-
ince thereof, or under the laws of any state, District of
Columbia, territory or possession of the United States of
996 ORDINANCES Ord. No. 851
America. Equipment trust obligations or certificates or
other secured instruments evidencing an interest in trans-
portation or other equipment wholly or in part within the
United States of America or Canada with a right to re-
ceive determined portions of rental, purchase price or other
fixed obligatory payments for the use or purchase of such
transportation or other equipment.
(6) Dividend-paying stocks or shares of any corpora-
tion created or existing under the laws of the United States
of America, Canada or province thereof, or of any state,
District of Columbia, territory or possession of the United
States of America; provided, however, that such invest-
ment in stocks shall not exceed 50% of the total assets of
the funds of the Fire and Police Employees Retirement
System referred to herein.
(7) Loans secured by first mortgages, or deeds of trust,
on unencumbered fee-simple or improved leasehold real
estate in the District of Columbia or in any state of the
United States of America or province of Canada. Whenever
such loans are made upon fee-simple, or leasehold real es-
tate which is improved by a building or buildings, the said
improvements shall be insured against loss by fire and such
other casualties as are included in extended coverage poli-
cies, and the said insurance policies shall contain the New
York or Massachusetts standard mortgage clause or one
equivalent thereto and shall be delivered to the mortgagee
as additional security for the said loans. Bonds, notes or
other evidence of indebtedness secured by mortgages or
deeds of trust which are guaranteed or insured by an in-
strumentality of the United States pursuant to acts of Con-
gress, as heretofore and hereafter amended, known as the
National Housing Act, Servicemen's Readjustment Act of
1944, and the Bankhead-Jones Farm Tenant Act; and
neither the limitations of this section nor any other law of
this State requiring security upon which loans shall be
made, or prescribing the nature, amount or forms of such
security, or limiting the interest rates upon loans, shall be
deemed to apply to such insured or guaranteed mortgage
loans. Provided, however, that such investments in mort-
gages shall not exceed 25% of the total assets of the funds
of the Fire and Police Employees Retirement System re-
ferred to herein, and upon a foreclosure of its own mort-
ORDINANCES 997
gages or an acceptance of a deed in lieu of foreclosure by
the Trustees, the said Trustees shall have the right to pur-
chase, hold, operate, lease, manage and/or sell the subject
real estate.
(8) Ground rents in the State of Maryland.
(9) Interest, rents or other fixed income due and ac-
crued on any of the investments authorized in the preced-
ing subsections.
Provided, however, that nothing in this amendatory or-
dinance shall be deemed to render illegal or to invalidate
the making and holding of any investment heretofore made
and now held by the Board of Trustees of the said funds
where such investment when made was authorized by law
prior to the enactment of this amendatory ordinance; and
provided further, that nothing herein shall be deemed to
prevent the Board of Trustees from accepting, in lieu or
substitution of securities representing investments here-
tofore validly made, other securities not of the kind enu-
merated but authorized by ordinance as investments for
the said Board prior to the enactment of this amendatory
ordinance, where the Board shall deem such substitution of
securities necessary to preserve the investment of the said
funds. Subject to the terms, provisions and conditions con-
tained herein, said Trustees shall have full power to hold,
purchase, sell, assign, transfer, and dispose of any of the
securities and investments in which any of the funds
created herein shall have been invested, as well as the pro-
ceeds of said investments and any moneys belonging to said
funds.
(b) Interest. The Board of Trustees annually shall
credit regular interest on the mean amount for the preceding
year in each of the funds. The amounts so allowed shall be
due and payable to said funds, and shall be annually credited
thereto by the Board of Trustees from interest and other
earnings on the moneys of the Retirement System. Any dif-
ference between the earnings of the fund of this Retirement
System as determined in accordance with an appropriate
asset valuation method giving recognition to actual earnings
of the funds, and the required earnings based on the regular
interest rate used for valuation purposes, shall be applied by
the Board of Trustees in such amount or amounts as they
998 ORDINANCES Ord. No. 851
determine to either (1) increase or decrease the amount
contributed by the City of Baltimore, and/or (2) to in-
crease or decrease the period over which the unfunded ac-
crued liability will be amortized as provided in Section
36(d)(4).
The increase or decrease of contribution and/or the in-
crease or decrease in length of amortization period shall be
determined by the actuary engaged by the Board, on the
basis of the regular interest rate used for valuation pur-
poses and of such mortality and other tables as shall be
adopted by the Board of Trustees.
(c) Custodian. The City Treasurer of the City of Balti-
more shall be the custodian of the several funds. All pay-
ments from said funds shall be made by him only upon
vouchers signed by two persons designated by the Board of
Trustees. A duly attested copy of a resolution of the Board
of Trustees designating such persons and bearing upon its
face specimen signatures of such persons shall be filed with
the City Treasurer as his authority for making payments
upon such vouchers. No voucher shall be drawn unless it
shall have been previously authorized by resolution of the
Board of Trustees.
(d) Cash on deposit. For the purpose of meeting dis-
bursements for pensions, annuities, and other payments
there may be kept available cash, not exceeding ten per
centum of the total amount in the several funds of the re-
tirement system, on deposit in one or more banks or trust
companies of the City of Baltimore, organized under the
laws of the State of Maryland or of the United States, pro-
vided that the sum on deposit in any one bank or trust
company shall not exceed twenty-five per centum of the
paid-up capital and surplus of such bank or trust company.
(e) Conflict of interest. Except as otherwise herein pro-
vided, no trustee and no employee of the Board of Trustees
shall have any direct interest in the gains or profits of any
investment made by the Board of Trustees, nor as such
receive any pay or emolument for his services. No trustee
or employee of the Board shall, directly or indirectly, for
himself or as an agent in any manner use the same, except
to make such current and necessary payments as are au-
thorized by the Board of Trustees; nor shall any trustee
ORDINANCES 999
or employee of the Board of Trustees become an endorser
or surety or in any manner an obligor for moneys loaned
by or borrowed from the Board of Trustees.
(f) Nominee registration of securities. The Board of
Trustees is hereby empowered to authorize the City Treas-
urer to place securities held by the Board in the name of a
partnership to be formed under the laws of Maryland for
the sole and specific purpose of holding such securities as
the nominee of the Board of Trustees. There shall be three
(3) partners in said partnership: the City Treasurer, the
Deputy City Treasurer and the Chairman of the Board of
Trustees, but only the City Treasurer or Deputy City Treas-
urer shall be required to execute the documents on behalf
of the partnership which may be necessary or proper to
transfer any of such securities. The articles of partnership
and any agreement between the partnership and the Board
of Trustees shall be prepared by the City Solicitor, and
shall provide that the City Treasurer at all times shall have
complete custody of the securities placed in the partnership
name, and that such partnership may act only as the agent
of the Board of Trustees, and shall contain such other
terms and conditions as the City Solicitor may deem appro-
priate. The partnership is hereby further authorized to
enter into agreements with various banks or other financial
institutions to guarantee the signatures made on behalf
of the partnership. The articles of partnership and all agree-
ments executed pursuant hereto shall be subject to the
approval of the Board of Estimates.]
(a) Trustee of Funds. The Board of Trustees shall be
the trustees of the several funds of the Fire and Police Em-
ployees Retirement System of Baltimore created by Article
22 under this subtitle as provided in Section 36. The Board
of Trustees shall have the power to invest and reinvest such
funds in the following types or classes of assets subject to
the limitations, if any, as set forth with regard to each type
or class of investment.
(1) Deposits in savings accounts, or other evidences of
deposit in national or state banks and trust companies.
To the extent thai such an investment or account is in-
sured by the Federal Savings and Loan Insurance Corpora-
tion, or by the Maryland Savings Share Insurance Corpora-
1000 ORDINANCES Ord. No. 851
tion, said Trustees may invest in shares of savings and loan
associations or building and loan associations in the State
of Maryland.
(2) Interest-bearing bonds, notes, certificates of in-
debtedness, bills or other direct interest-bearing obligations
fully guaranteed both as to principal and interest by the
United States of America, or by Canada, and obligations of
the International Bank for Reconstruction and Develop-
ment and obligations of the Inter-American Development
Bank.
(3) Interest-bearing bonds of any state, District of
Columbia, territory or possession of the United States of
America, or of any province of Canada, or of any county,
or incorporated city of any state, District of Columbia,
territory or possession of the United States of America, or
any Canadian municipality.
(U) Interest-bearing bonds of any commission, instru-
mentality, authority or political subdivision having legal
authority to issue the same, of the United States of America,
Canada, any state, District of Columbia, territory or pos-
session of the United States of America or of any province
of Canada, or of any county or incorporated city of any
state, District of Columbia, territory or possession of the
United States of America or of any province of Canada.
(5) Interest-bearing bonds, notes or other interest-
bearing obligations of any corporation organized under the
laws of the United States of America or of Canada or
province thereof, or under the laws of any state, District of
Columbia, territory or possession of the United States of
America. Equipment trust obligations or certificates or
other secured instruments evidencing an interest in trans-
portation or other equipment wholly or in part within the
United States of America or Canada ivith a right to receive
determined portions of rental, purchase price or other fixed
obligatory payments for the use or purchase of such trans-
portation or other equipment.
(6) Publicly-traded preferred or common stocks or
shares of any corporation created or existing under the laws
of the United States of America, Canada or province there-
of, or of any state, District of Columbia, territory or pos-
ORDINANCES 1001
session of the United States of America; provided however,
that such investments in stocks shall not exceed fifty per-
cent (50c/o) of the total market value of all the assets of the
funds of the Fire and Police Employees Retirement Sys-
tem referred to herein. An evaluation of the total assets of
the Retirement System shall be made at least once in every
three (3) months, for the purposes of maintaining this fifty
percent (50%) limitation.
(7) Covered call options may be sold by the Fire and
Police Employees Retirement System when the underlying
common stock is held in the equity portfolio and when such
options are actively traded on a public exchange, provided,
however, that options are not sold on more than twenty-five
percent (25%) of the total market value of common stocks
held in the portfolio. Purchase of options will be permitted
only when closing out a previously written covered call
option.
(8) Loans secured by first mortgages, or deeds of trust,
on unencumbered fee-simple or improved leasehold real
estate in the District of Columbia or in any state of the
United States of America or province of Canada. Whenever
such loans are made upon fee-simple, or leasehold real estate
which is improved by a building or buildings, the said im-
provements shall be insured against loss by fire and such
other casualties as are included in extended coverage
policies, and the said insurance policies shall contain the
Neiv York or Massachusetts standard mortgage clause or
one equivalent thereto and shall be delivered to the mort-
gagee as additional security for the said loans. Bonds, notes
or other evidence of indebtedness secured by mortgages or
deeds of trust which are guaranteed or insured by an instru-
mentality of the United States pursuant to acts of Congress,
as heretofore and hereafter amended, knotvn as the Na-
tional Housing Act, Servicemen's Readjustment Act of 19UU,
and the Bankhead-J ones Farm Tenant Act; and neither the
limitations of this section nor any other law of this State
requiring security upon which loans shall be made, or pre-
scribing the nature, amount or forms of such security, or
limiting the interest rates upon loans, shall be deemed to
apply to such insured or guaranteed mortgage loans. Pro-
vided, however, that such investments in mortgages shall not
exceed twenty-five percent (25%) of the total market value
1002 ORDINANCES Ord. No. 851
of all the assets of the funds of the Fire and Police Em-
ployees Retirement System referred to herein and an evalu-
ation of the total assets of the Retirement System shall be
made at least once in every three (3) months, for the pur-
pose of maintaining this tiventy-five percent (25°Jc) limita-
tion. Upon a foreclosure of its own mortgages or an ac-
ceptance of a deed in lieu of foreclosure by the Trustees,
the said Trustees shall have the right to purchase, hold,
operate, lease, manage and /or sell the subject real estate.
(9) Gi^ound rents in the State of Maryland.
(10) Interest, rents or other fixed income due and ac-
crued on any of the investments authorized in the pre-
ceding subsections.
The Board of Trustees shall have the duty and responsi-
bility of periodically determining investment policies con-
sistent with the above limitations, the capital market en-
vironment, and the actuarial characteristics of the Fire and
Police Employees Retirement System and to publish such
investment policy guidelines by fili/ng a copy thereof with
the Department of Legislative Reference of Baltimore City,
and after January 1, 1979, also by publication in the Mu-
nicipal Journal,
All contributions from time to time paid into the several
funds, and the income thereof, without distinction between
principal and income, shall be held and administered by the
Board of Trustees or its agents in the funds, and the Board
shall not be required to segregate or invest separately any
portion of the funds.
Provided, however, that nothing in this amendatory ordi-
nance shall be deemed to render illegal or to invalidate the
making and holding of any investment heretofore made
and noiv remaining in said funds where such investment
when made was authorized by law prior to the enactment of
this amendatory ordinance; and provided further, that
nothing herein shall be deemed to prevent the Board of
Trustees from accepting, in lieu or substitution of securities
representing investments heretofore validly made, other
securities not of the kind enumerated but authorized by
ordinance as investments for the said Board prior to the en-
actment of this amendatory ordinance, tvhere the Board
ORDINANCES 1003
shall deem such substitution of securities desirable to pre-
serve the investment of the said funds. Subject to the terms,
provisions and conditions contained herein, said Trustees
shall have full power to hold, purchase, sell, assign, trans-
fer, and dispose of any of the securities and investments in
which any of the funds created herein shall have been in-
vested, as well as the proceeds of said investments and any
moneys belonging to said funds.
(b) Interest. As of July 1, 1978, the Trustees will de-
termine the "carrying value" of the Fund in accordance
with the asset valuation method theretofore employed, and
the "adjusted market value" of the Fund representing an
average fair market value as of that date.
During the 1979 fiscal year, the Trustees will establish a
"Reserve for Book Value" as of July 1, 1978, equal to the
difference as of that date behveen the carrying value and
the adjusted market value of the Fund. On that date and
on each annual valuation date thereafter, the value of the
Fund assets FOR ACTUARIAL VALUATION PURPOSES
will be carried at (1) the then current adjusted market
value, plus (2) the Reserve for Book Value.
The Board of Trustees annually shall credit regular in-
terest less the investment management, custodian and in-
vestment adviser costs on the mean amount for the pre-
ceding year in each of the funds. After payment of pension
fund management, custodian, and investment adviser serv-
ices as provided in Sections 35(g) and US (a), any excess of
the earnings of the funds of this Retirement System as de-
termined in accordance with an appropriate asset valuation
method giving effect to actual earnings of the funds, over
the earnings based on the regular interest rate used for
valuation purposes, shall first be applied by the Board of
Trustees to meet the conditions of any asset averaging
method then in use under the System.
An additional amount equal to one and one-half percent
of the mean amount for the preceding year im each of the
funds will be deducted from the remaining excess earnings,
if any, and applied by the Board of Trustees to reduce the
remaining balance, if any, in the "Reserve for Book Value" ;
to the extent that excess earnings are less than one and one-
half percent per annum, the City of Baltimore shall con-
1004 ORDINANCES Ord. No. 851
tribute the difference to the "Reserve for Book Value",
averaged over a five year period in accordance with the
asset valuation method theretofore employed. The remaining
excess earnings, if any, shall next be applied by the Board
in such amount or amounts as they determine (1) to de-
crease the amount contributed by the City of Baltimore,
and /or (2) to decrease the period over which the unfunded
accrued liability will be amortized as provided in Section
36(d)(4), and/or (3) to reduce the remaining balance, if
any, in the "Reserve for Book Value". Any deficiency of the
earnings of the funds of this Retirement System, as de-
termined in accordance with an appropriate asset valuation
method giving recognition to actual earnings of the funds,
below the required earnings based on the regular interest
rate used for valuation purposes shall first be applied to
meet the conditions of any asset averaging method then in
use under the System; the remaining deficiency in earnings,
if any, shall be applied by the Board of Trustees in such
amount or amounts as they determine either (1) to increase
the amount contributed by the City of Baltimore, and/or
(2) to increase the period over which the unfunded accrued
liability will be amortized as provided in Section 36(d)(4).
The increase or decrease of contribution and/or the in-
crease or decrease in length of amortization period shall be
determined by the Board after receiving the advice of the
actuary engaged by the City, on the basis of regular interest
rate used for valuation purposes, and of such mortality and
other tables as shall be adopted by the Board of Trustees.
(c) Cash on Deposit. For the purpose of meeting dis-
bursements for pensions, annuities, and other payments,
there may be kept available cash on deposit in one or more
banks or trust companies located in the City of Baltimore,
organized under the laivs of the State of Maryland or of the
United States, in such amount as the Trustees may by
resolution from time to time adopt, not exceeding a sum
equal to the estimated disbursements projected for a period
of fifteen days. The sums on deposit in bank shall be secured
by collateral posted by the depositories of such type and
amount as the Commissioners of Finance may prescribe,
but in no event shall the market value of such collateral be
less than one hundred percent of the amount on deposit cue-
ORDINANCES 1005
cording to the depositories records. In exercising this au-
thority for bank deposits, the Trustees shall endeavor to
minimize the amount of such deposits, and shall consider
appropriate money management techniques, including wire
transfers of funds and the zero-balance-fee-for-service
method of maintaining bank accounts. In no event shall the
bank accounts be used as the basis for, or form part of the
basis for fees for the investment administrators or be used
to provide supplementary compensation for such investment
administrators.
(d) Securities Handling. The Custodian designated in
the Charter of Baltimore City (19 6 A Revision, as amended)
may cause any investment in securities held by the Trustees
to be registered in or transferred into the name of the
Trustees or into the name of such nominee as the Cus-
todian may direct, including a nominee partnership created
by the Board of Trustees, or the Custodian may retain them
unregistered and in form permitting transferability, and
further may authorize its contractual agents to deposit
securities with "clearing corporations" as defined in § 8-102
of Article 95B of the Annotated Code of Maryland for the
express purpose of having such clearing corporations act as
centralized depositories of such securities, but the books and
records of the Custodian and its contractual agents shall at
all times show that all such investments are part of the
several funds of the Fire and Police Employees Retirement
System. The authority to make use of a clearing corporation
shall include the authority to utilize the (<book entry" sys-
tem of the United States Government, and agencies thereof,
for which the Federal Reserve Bank is the authorized fiscal
agent.
(e) Conflicts of interest. Except as otherwise herein pro-
vided, no trustee and no employees of the Board of Trustees
shall have any direct interest in the gains or profits of any
investment made by the Board of Trustees or their desig-
nees, nor as such receive any pay or emolument for his
services, except as authorized from time to time by the
Board of Estimates. No trustee or employee of the Board
shall, directly or indirectly, for himself or as an agent in
any manner use said gains or profits, except to make such
current and necessary payments as are authorized by the
1006 ORDINANCES Ord. No. 851
Board of Trustees; nor shall any trustee or employee of the
Board of Trustees become an endorser or surety or in any
manner an obligor for moneys loaned by or borrowed from
the Board of Trustees.
(f) Trustee fiduciary liability. Neither the Board of
Trustees nor any agent, person or other entity acting on
behalf of the Board of Trustees shall be liable for the
making, retention or sale of any investment or reinvestment
made as herein provided, nor for any loss or diminution of
the funds, except that due to his or its own gross negligence,
wilful misconduct or lack of good faith.
(g) Custodian and supervision of funds. The City of-
ficial designated m the Charter of Baltimore City (19 6U
Revision, as amended) shall be the custodian of the several
funds of the Fire and Police Employees Retirement Sys-
tem. Supervision of the several funds of the Fire and Police
Employees Retirement System shall be vested in the Board
of Trustees. Subject to the approval of the Board of Esti-
mates, the Board of Trustees may hire and appoint such
persons, agents or entities (including corporate fiduciaries)
as m its discretion may be required or advisable to enable
it to perform such pension fund investment management
duties hereunder; provided further, that subject to the ap-
proval of the Board of Estimates the Board of Trustees may
enter into agency and pension fund investment management
agreements with one or more qualified pension fund man-
agers for the purpose of obtaining pension fund investment
management for the Fire and Police Employees Retirement
System and the several funds thereof. Payment for such
investment management services shall be made from the
resources of the pension fund or funds.
Sec. 3. And be it further ordained, That subsections (a) ,
(b), (c) and (d) of Section 43 of Article 22 of the Balti-
more City Code (1976 Edition), as amended, title "Retire-
ment Systems", subtitle "Advisory Investment Committee",
be and they are hereby repealed, and that new Subsections
(a) and (b) be added to Section 43 of said Article 22, to
be under the new subtitle "Investment Advisors", to read
as follows:
ORDINANCES 1007
[ADVISORY INVESTMENT COMMITTEE]
Investment Advisors
43. [Created.
(a) Members. There shall be an Advisory Investment
Committee for the Board of Trustees of the respective re-
tirement systems established under this Article 22; said
Committee shall serve without compensation and shall con-
sist of three persons appointed and holding office as pro-
vided herein. One of the said three persons shall be ap-
pointed by the Board of Trustees of the Employees Retire-
ment System, one shall be appointed by the Board of Trus-
tees of the Fire and Police Employees Retirement System,
and one shall be appointed by the Mayor of the City of
Baltimore ; each of the three shall be appointed from among
those qualified persons who have demonstrated their ability
and experience in a responsible position with banks, trust
companies, insurance companies, brokerage firms or other
similar financial institutions doing business in the State of
Maryland and who have had the management and control
of large investment funds.
(b) Tenure. The regular term of the members of the
said Advisory Investment Committee shall be three years;
initial appointments to the Committee shall date from the
effective date of this Ordinance and shall expire as follows :
the member appointed by the Mayor shall serve until De-
cember 31, 1965, the member appointed by the Board of
Trustees of the Fire and Police Employees Retirement Sys-
tem shall serve until December 31, 1966, and the member
appointed by the Board of Trustees of the Employees Re-
tirement System shall serve until December 31, 1967. There-
after, appointments shall be made for terms of three years.
A person may be appointed to successive or additional
terms. Vacancies shall be filled for the unexpired term in
the same manner that the initial and successive appoint-
ments are to be made. The Mayor shall designate one mem-
ber of the Committee as its Chairman, and may, from time
to time, withdraw such designation and designate some
other member of the Committee as Chairman.
(c) Duties. The Committee shall formulate and shall
recommend to the respective Boards of Trustees for their
1008 ORDINANCES Ord. No. 851
adoption, policy to be followed by the said Boards in re-
spect to investment of the retirement systems' funds es-
tablished under this Article, subject to the limitations on
the said Boards provided for by this Article. Nothing herein
contained shall be construed to limit in any manner the
authority heretofore conferred by this Article on the said
Boards over the management of the said several retirement
systems' funds, it being the intent of this section that the
Advisory Investment Committee established herein shall
advise and make recommendations to the said Boards with
respect to general investment policy, but that final deter-
mination as to the investment of any of the said funds
shall remain with the said respective Boards of Trustees.
(d) In the event that the Boards of Trustees engage a
corporate investment administrator having an advisory
trust committee, or similar group, which includes persons
eligible for appointment under subsection (a), other than
employees of the corporation, the Boards of Trustees may
approve, with the concurrence of the Board of Esti-
mates, such committee in lieu of the Advisory Investment
Committee.]
(a) Subject to the approval of the Board of Estimates,
the Boards of Tntstees of the respective Retirement Sys-
tems established under this Article 22 may hire, employ or
retain qualified persons or other legal entities as investment
advisors. The duties of such investment advisors shall in-
clude formulating and recommending to the respective
Boards of Trustees for their adoption, policy to be followed
by the said Boards in respect to investment of the retire-
ment systems' funds established under this Article, subject
to the limitations on the said Boards pi^ovided for by this
Article; and monitoring and evaluating the investment of
the retirement systems' funds, and the performance of the
investment managers ivith respect thereto. Payment for
such investment advisory services shall be made from the
resources of the pension fund or funds.
(b) Nothing herein contained shall be construed to
limit in any manner the authority heretofore conferred by
this Article on the said Boards of Trustees over the invest-
ment and management of the said several retirement sys-
tems' funds, it being the intention of this section that the
ORDINANCES 1009
investment advisers authorized herein shall advise and
make recommendations to the said Boards with respect to
general investment policy, but the final determination as to
the investment and management of any of the said funds
shall remain with the said respective Boards of Trustees.
Sec. 4. And be it further or darned, That this ordinance
shall take effect from the date of its passage.
Approved July 20, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 852
(Council No. 1797)
An Ordinance authorizing and providing for the exemption
from municipal taxation in Baltimore City of, and accep-
tance of a negotiated payment in lieu of taxes on, prop-
erty owned or to be owned by Mayor and City Council
of Baltimore and leased to The Chesapeake Life Insur-
ance Company ; making certain legislative findings, among
others, concerning the public benefit and purpose of this
ordinance; providing for approval of an agreement be-
tween the City and the Company, which agreement in-
cludes therein the amount and method of computing the
City's share of net income from the property; providing
that the valuation of the property shall be maintained
and carried on the assessment books as though the prop-
erty were taxable for the purposes of computing pay-
ments to such political subdivisions as are provided in
the laws of the State of Maryland ; and generally provid-
ing for and determining various matters in connection
with the agreement and this ordinance.
Whereas, Chapter 502 of the Laws of 1978 (the "En-
abling Act") amends Section 8(7) (e) of Article 81 of the
Annotated Code of Maryland (1957 Edition, 1975 Replace-
ment Volume and 1977 Supplement) so as to authorize the
Mayor and City Council of Baltimore (the "City") by or-
1010 ORDINANCES Ord. No. 852
dinance to authorize the exemption from municipal taxa-
tion in the City of Baltimore of, and acceptance of a nego-
tiated payment in lieu of taxes on, property owned by the
City and leased to a private business conducted for profit,
if the net income from the property is to be shared with
the City, although requiring that the valuation of the
property be carried on the assessment books as though
taxable for the purposes of computing payments to the
political subdivisions provided for by public general law;
and
Whereas, as part of the overall plan and strategy for
the development and redevelopment of Baltimore, the City,
acting pursuant to various provisions of the Constitution
and public general laws of Maryland and the Land Develop-
ment and Redevelopment provisions contained in Section
(15) of Article II of the City Charter (the "Redevelop-
ment Laws"), has sought to encourage residential, com-
mercial and related opportunities to invest and reinvest in
the downtown Baltimore area in order to hold and attract
people to Baltimore. One of the specific projects of that
plan and strategy is the rejuvenation of the Mt. Vernon
area, which project is set forth in the Urban Renewal
Plan, as amended, for the Mt. Vernon Urban Renewal Area
created by Ordinance No. 281, enacted bv the City on June
22, 1964; and
Whereas, the area generally bounded by Hunter, Centre,
St. Paul and Monument Streets, including certain air rights
(the "Project Area"), which has been or will be acquired
by the City pursuant to the Redevelopment Laws, is a
vital element in the rehabilitation of the Mount Vernon
Urban Renewal Area and has been identified by the City as
an ideal location for the development of additional resi-
dential and off-street parking facilities, in conjunction with
commercial development; and
Whereas, The Chesapeake Life Insurance Company has
proposed to develop the "Chesapeake Center," on the Proj-
ect Area, which will consist of office space, residential
units, off-street parking, commercial space and related fa-
cilities. The Company, which currently has its main offices
adjacent to the Project Area, further proposes to maintain
and expand its support for the renewal of Baltimore by
ORDINANCES 1011
(i) utilizing a substantial portion of the office space of the
Chesapeake Center as its corporate headquarters, and (ii)
investing a significant amount of equity capital in the
development of the Chesapeake Center; and
Whereas, in order to achieve the development objec-
tives authorized by the Redevelopment Laws, the City
proposes to finance the Chesapeake Center by the issuance
of revenue bonds relating to different elements of the
Chesapeake Center, the proceeds of which will either be
loaned to the Company or utilized by the City to acquire
all or part of the Chesapeake Center, or a combination
thereof. All or part of the Chesapeake Center acquired by
the City, including the land thereunder, will be leased to
the Company, or authorized successors, pursuant to such
terms as are negotiated between the City and the Company,
in compliance with the applicable bond ordinance; and
Whereas, on July 13, 1977, the Board of Estimates of
the City approved in principle the payment by the Com-
pany of a fee based upon a percentage of normal property
taxes, and an additional amount to be based upon the
profits from the project, recognizing that the Chesapeake
Center cannot be economically constructed and maintained
without provision for such a payment as a means of over-
coming the difficulties associated with the first few years
of development; and
Whoroas, o» June T 1978, the Board of Estimates
approvod the form an4 terms of the agreement to be en-
tered iftto botwoon the City a&4 the Company; aa4
Whereas, the development of the Chesapeake Center is
in the best interests of Baltimore and the Mount Vernon
Urban Renewal Area and will achieve significant public
benefits and purposes, including (i) the development of
land acquired by the City pursuant to the Redevelopment
Laws, (ii) the provision of essential residential, off-street
parking, commercial office and retail facilities in the Mount
Vernon Urban Renewal Area and in Baltimore, (iii) the
prevention of deterioration of existing commercial and resi-
dential facilities and neighborhoods in Baltimore, and (iv)
the encouragement of rejuvenation of the Mount Vernon
Urban Renewal Area and Baltimore's downtown area,
thereby further encouraging economic development and
1012 ORDINANCES Ord. No. 852
protecting- the health, welfare and safety of the citizens
of the State of Maryland and of Baltimore ; and
Whereas, the enactment of the Enabling Law by the
General Assembly of Maryland, its signature by the Gov-
ernor of Maryland and the absence of the filing- of any
petition for referendum thereon have completed all events
necessary to provide the authority for the City to enter
into an agreement with the Company, which agreement,
when APPROVED AND executed as authorized by this or-
dinance, will permit the commencement of the Chesapeake
Center and the achievement of the public purposes recited
herein.
Section 1. Be it ordained by the Mayor and City Council
vf Baltimore, That it is hereby found and determined
that:
(1) There is a need for additional residential, off-street
parking", commercial office, retail and related facilities in
the Mount Vernon Urban Renewal Area and in Baltimore
as a result of which there has been a movement of finan-
cially self-sufficient taxpayers out of Baltimore to surround-
ing subdivisions.
(2) The authorization and the execution of an agree-
ment, which will provide for the payment of an amount in
lieu of normal property taxes payable to the City, will sub-
stantially aid in achieving the development objectives au-
thorized by the Land Development and Redevelopment pro-
visions of Section (15) of Article II of the City Charter,
will foster both the creation of new residential, commer-
cial and off-street parking facilities and the renovation and
rehabilitation of existing facilities, and will encourage in-
vestment and reinvestment in such development activity by
private industry in both the Mount Vernon Urban Renewal
Area and Baltimore on land now lying largely vacant.
Sec. 2. And be it further ordained, That, acting pur-
suant to the provisions of Section 8(7) (e) of Article 81 of
the Annotated Code of Maryland as amended by Chapter
502 of the Laws of Maryland of 1978, the City is hereby
authorized to exempt from municipal taxation in Baltimore
the Chesapeake Center, and to accept a payment in lieu
thereof consisting of -fa)- the fractional porcontago of the
ORDINANCES 1013
municipal taxos otherwise dwey plus 4&± a share of the set
incomo of the project, ail as computed in accordance with
the terms of the agreement approved by the Board of Es-
timates e» Juno T 1978 to fee executed fey a»4 botwoon
the City a»4 the Company -(the "Agreement").
THEREOF CONSISTING OF (A) A FRACTIONAL PER-
CENTAGE, BUT NOT LESS THAN 25%, OF THE MU-
NICIPAL TAXES OTHERWISE DUE, PLUS (B) A
50% SHARE OF THE NET INCOME OF THE PROJECT,
ALL AS COMPUTED IN ACCORDANCE WITH SUCH
TERMS AS ARE CONTAINED IN AN AGREEMENT TO
BE APPROVED BY THE BOARD OF ESTIMATES AND,
UPON SUCH APPROVAL, TO BE EXECUTED BY AND
BETWEEN THE CITY AND THE COMPANY (THE
"AGREEMENT").
Sec. 3. And be it further ordained, That valuations and
assessments of the various portions of the Chesapeake
Center shall be determined in accordance with practices
consistent, at the time of determination, with those then
generally in use, or in use for the particular type of struc-
ture or activity. The valuations and assessments thus de-
termined shall be maintained on the assessment books as
though the Chesapeake Center, or any portion thereof, was
fully taxable, for purposes of (a) determining the amount
to be paid by the Company pursuant to the Agreement;
(b) determining the amount to be payable in the event that
all or part of the Chesapeake Center is sold or transferred
by the City to the Company, or its authorized assigns ; and
(c) computing payments to the several political subdivi-
sions which are provided for in the laws of the State and
which in any manner are based upon or related to assess-
ments and assessed valuation.
Sec. 4. And be it further ordained, That, the provisions
of this ordinance are severable.
Sec. 5. And be it further ordained, That, this ordinance
shall take effect fcly h ±&& FROM THE DATE OF ITS
PASSAGE.
Approved July 20, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
1014 ORDINANCES Ord. No. 854
No. 853
(Council No. 1798)
An Ordinance providing for reserved parking on the south
side of Hamilton Street near St. Paul Place (Lower
Level) for a Judge of Maryland Tax Court.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That on the south side of Hamilton Street,
from St. Paul Place (Lower Level) to a point 30 feet east
thereof, parking is reserved for a Judge of Maryland Tax
Court displaying permit.
SEC. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved July 20, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 854
(Council No. 1184)
An Ordinance to authorize the use of the property lying
northwest of Garrison Avenue and extending from Park
Heights Avenue to Palmer Avenue, as outlined in red on
the plat accompanying this ordinance, for an open air
off-street parking facility in a R-6 District and a B-2-2
District, pursuant to Sections 4.6-ld, 6.2-ld, and 11.0-6d
of Article 30 of the Baltimore City Code (1966 Edition),
title "The Zoning Ordinance of Baltimore" (Ordinance
No. 1051) approved April 20, 1971.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the property lying northwest of Garrison
Avenue and extending from Park Heights Avenue to Palmer
Avenue, as outlined in red on the plat accompanying this
ordinance be and it is hereby authorized for use as an open
air off-street parking facility in a R-6 District and a B-2-2
ORDINANCES 1015
District, pursuant to Sections 4.6-ld, 6.2-ld, and 11.0-6d of
Article 30 of The Baltimore City Code (1966 Edition),
Title "The Zoning Ordinance of Baltimore" (Ordinance No.
1051) approved April 20, 1971.
Sec. 2. And be it further ordained, That upon passage of
this ordinance by the City Council, as evidence of the au-
thenticity of the plat which is a part hereof and in order
to give notice to the departments which are administering
the Zoning Ordinance, the President of the City Council
shall sign the plat, and when the Mayor approves the
ordinance, he shall sign the plat. The City Treasurer shall
then transmit a copy of the ordinance and one of the plats
to the following: the Board of Municipal and Zoning Ap-
peals, the Planning Commission, the Commissioner of the
Department of Housing and Community Development, the
Commissioner of Transit and Traffic, and the Zoning
Administrator.
Sec. 3. And be it further ordained, That this ordinance
shall take effect thirty days from the date of its passage.
Approved August 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 855
(Council No. 1588)
An Ordinance granting permission to A.M.E. Properties,
Inc. for the establishment, maintenance, and operation
of an open area for the parking of motor vehicles in the
B-2-2 District on the property on the north side of
Eastern Avenue, east from South Clinton Street known
as 3300 to 3308 Eastern Avenue as outlined in red on the
plats accompanying this ordinance, under the provisions
of Sections 6.2-ld and 11.0-6d of Article 30 of the Balti-
more City Code (1976 Edition), title "Zoning Ordi-
1016 ORDINANCES Ord. No. 856
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That permission be and the same is hereby-
granted to A.M.E. Properties, Inc., for the establishment,
maintenance, and operation of an open area for the parking
of motor vehicles in the B-2-2 District on the property on
the north side of Eastern Avenue, east from South Clinton
Street, known as 3300 to 3308 Eastern Avenue as outlined
in red on the plats accompanying this ordinance, under
the provisions of Sections 6.2-ld and 11.0-6d of Article 30
of the Baltimore City Code (1976 Edition), title "Zoning
Ordinance".
Sec. 2. And be it further ordained, That upon passage
of this ordinance by the City Council, as evidence of the
authenticity of the plat which is a part hereof and in order
to give notice to the departments which are administering
the Zoning Ordinance, the President of the City Council
shall sign the plat, and when the Mayor approves the ordi-
nance, he shall sign the plat. The City Treasurer shall
then transmit a copy of the ordinance and one of the plats
to the following: the Board of Municipal and Zoning
Appeals, the Planning Commission, the Commissioner of
the Department of Housing and Community Development,
the Commissioner of Transit and Traffic, and the Zoning
Administrator.
Sec. 3. And be it further ordained, That this ordinance
shall take effect 30 days from the date of its passage.
Approved August 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 856
(Council No. 1785)
An Ordinance to add new Section 67 A to Article 31 of the
Baltimore City Code (1976 Edition), title "Transit and
Traffic", new subtitle "Additional Parking Restrictions",
and new Section 128B to said Article 31, subtitle "Im-
ORDINANCES 1017
pounding Areas", prohibiting unauthorized stopping in
spaces reserved for disabled persons, PROVIDING CER-
TAIN ARRANGEMENTS FOR THE POSTING OF
SIGNS, and providing that spaces marked as restricted
to the use of disabled persons are impounding areas.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That new Section 67A be and it is hereby
added to Article 31 of the Baltimore City Code (1976 Edi-
tion), title 'Transit and Traffic", to be under new subtitle
"Additional Parking Restrictions", and to read as follows :
Additional Parking Restrictions
67 A. Space reserved for disabled persons.
A vehicle without special registration plates for disabled
persons may not be stopped in a space or zone marked as
restricted to the use of disabled persons, on private prop-
erty open to the use of the general publicr , PROVIDED
THAT THE SPACE OR ZONE IS MARKED BY A SIGN
WHICH MEETS THE FOLLOWING SPECIFICATIONS
SET BY THE COMMISSIONER OF TRANSIT AND
TRAFFIC:
(A) SIGN SIZE 18" X 2U"
(B) WHEELCHAIR SYMBOL, WHITE ON BLUE
BACKGROUND
(C) SIGN TO READ: PARKING FOR (WHEEL-
CHAIR SYMBOL) VEHICLES DISPLAYING HANDI-
CAPPED TAGS CARS TOWED AWAY ORD
(D) RED LETTERS ON WHITE BACKGROUND
AND RED BORDER. SIGNS SHALL BE APPROVED
BY THE COMMISSIONER OF TRANSIT AND TRAF-
FIC. AFTER ERECTION OF A HANDICAPPED PARK-
ING SIGN, THE OWNER OF THE PROPERTY SHALL
NOTIFY THE COMMISSIONER OF TRANSIT AND
TRAFFIC THAT A SIGN HAS BEEN POSTED IN AC-
CORDANCE WITH THIS ORDINANCE.
Sec. 2. And be it further ordained, That new Section 128B
be and it is hereby added to Article 31 of the Baltimore
City Code (1976 Edition), title 'Transit and Traffic", sub-
title "Impounding Areas", to read as follows:
1018 ORDINANCES Ord. No. 857
128B. Spaces reserved for disabled persons.
Within any space or zone marked as restricted , PUR-
SUANT TO SECTION 67 A OF THIS ARTICLE, to the use
of disabled persons on private property open to the use of
the general public, except for vehicles with special registra-
tion plates for disabled persons.
SEC. 3. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved August 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 857
(Council No. 1839)
An Ordinance to authorize the Mayor and City Council of
Baltimore pursuant to and in accordance with the Mary-
land Industrial Development Financing Authority Act to
borrow a sum of money not to exceed Four Hundred
Thousand Dollars ($400,000,00) THREE HUNDRED
EIGHTY -SEVEN THOUSAND SEVEN HUNDRED
TWENTY-ONE DOLLARS ($387,721), and use the same
for acquisition, improvements, rehabilitation and addi-
tions to the industrial project on the property known as
3001 Grantley Avenue, Baltimore, Maryland, and lease
same to Flynn & Emrich Company, and to borrow a sum
of money not to exceed Six Hundred Eighty Thousand
Dollars ($680,000,00) SIX HUNDRED NINETY-FIVE
THOUSAND SIX HUNDRED EIGHTY-SIX DOLLARS
($695,686), and use the same to acquire and install ma-
chinery and equipment for lease to the Flynn & Emrich
Company; to execute the necessary legal documents to
secure said loans; and conferring and imposing upon the
Department of Housing and Community Development
certain powers and duties.
Whereas, Ordinance No. 1022, approved November 24,
1975, was enacted transferring all the duties and responsi-
bilities of Baltimore City Economic Development Commis-
ORDINANCES 1019
sion to the Department of Housing and Community Develop-
ment thereby vesting in said department certain powers
and duties to be exercised in connection with aiding the
industrial growth of Baltimore City ; and
Whereas, Article 41, Sections 266J to 266CC, inclusive,
of the Annotated Code of Maryland, as amended, created
and amended the Maryland Industrial Development Fi-
nancing Authority, hereinafter called "MIDFA", and vested
in it certain powers and duties in connection with the
preservation and betterment of the economy of the State;
and
Whereas, the aforementioned sections of said Article 41
of the Annotated Code of Maryland, among other things,
authorize any municipality of this State to borrow money
without pledging its full faith and credit, and to execute
a mortgage as security therefor, and use such money to
defray the cost of acquiring any industrial project, in-
cluding land, buildings and equipment, either by purchase
or construction, after the adoption of an ordinance by the
legislature body of the municipality to do so; and
Whereas, Flynn & Emrich Company, a corporation or-
ganized and existing under the laws of the State of Mary-
land, by its letter of intent dated June 5, 1978, addressed to
the Mayor of Baltimore, hereinafter called "City", has
requested aid and assistance from the City in connection
with the acquisition, improvements, and equipping of the
properties hereinafter designated in Baltimore City which
are to be used by the aforesaid Company ; and
Whereas, it has been determined that cooperation by
the City in connection with the aforementioned undertaking
will improve the economic condition of Baltimore City;
now, therefore,
SECTION 1. Be it ordained by the Mayor and City Council
of Baltimore, That (a) pursuant to and in accordance with
the terms and provisions of Sections 266J to 266CC in-
clusive of Article 41 of the Annotated Code of Maryland,
as amended, which created and amended MIDFA :
(1) The City be and it is hereby fully authorized and
empowered to borrow a sum of money not exceeding Four
1020 ORDINANCES Ord. No. 857
Hundred Thousand Dollars ($400,000,00) THREE HUN-
DRED EIGHTY-SEVEN THOUSAND SEVEN HUN-
DRED TWENTY-ONE DOLLARS ($387,721) and to use
the same for or in connection with the acquisition, im-
provements, rehabilitation and additions to the aforemen-
tioned property, and to execute a mortgage on said property
to secure the aforesaid loan; the term of said mortgage
shall not exceed Twenty-One (21) years, and the rate of
interest to be paid by the City in connection with said
loan shall not exceed Seven and One-Half percent (7V2%)
per annum. In the event that said interest is validly deter-
mined for any reason not to be exempt to the lender from
Federal or State of Maryland income tax, the interest rate
will automatically be increased to a rate not to exceed
eleven percent (11%) for the period affected by such
determination.
(2) The City be and it is hereby fully authorized and
empowered to borrow a sum of money not exceeding Six
Hundrod Eighty Thousand Dollars ($680,000,00) SIX
HUNDRED NINETY-FIVE THOUSAND SIX HUN-
DRED EIGHTY-SIX DOLLARS ($695,686), and use
the same to acquire and install machinery and equipment
in the aforementioned property, to be used by Flynn &
Emrich Company, in connection with their business opera-
tions and to execute such legal documents as may be neces-
sary to secure the aforesaid loan; the time for repayment
of such loan shall not exceed the normal useful life of said
machinery and equipment, and in no event shall exceed
sixteen (16) years, whichever period of time is less, and
the rate of interest to be paid in connection with such loan
shall not exceed Seven and One-Half percent (7%% ) P^r
annum. In the event that said interest is declared to be
taxable to the lender by federal or state statute, revenue
ruling, or court decision, the interest rate shall auto-
matically be increased to a rate not to exceed eleven per-
cent (11%) for the period affected by such determination.
(3) The terms and provisions of any and all legal in-
struments to be executed or entered into by the City in
connection with the transaction authorized by this ordi-
nance shall be subject to the approval of the Board of Esti-
mates.
ORDINANCES 1021
Sec. 2. And be it further ordained, That the Department
of Housing and Community Development is hereby fully
authorized and empowered for the purpose of this ordi-
nance only:
(a) To promote, make investigations, conduct prelimi-
nary negotiations, and do any and all other things neces-
sary or proper to expedite the consummation of the trans-
actions mentioned in this ordinance; all pursuant and sub-
ject to the provisions of the Charter of Baltimore City.
(b) After the transactions mentioned in this ordinance
have been fully consummated, the Department of Housing
and Community Development shall do any and all other
things necessary, proper or expedient to assure the full
performance by Flynn & Emrich Company, of any and all
of the terms and provisions in any and all agreements
entered into by the City and Flynn & Emrich Company, all
subject to the provisions of the Charter of Baltimore City.
Sec. 3. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved August 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 858
(Council No. 1840)
An Ordinance providing for a supplementary special loan
fund appropriation in the amount of 0»e Million Eighty
Thousand Dollars ($1,080,000) ONE MILLION
EIGHTY-THREE THOUSAND FOUR HUNDRED
SEVEN DOLLARS ($1,083,407) to the Department of
Housing and Community Development to be used for
property acquisition and improvement and equipment
acquisition under the Maryland Industrial Development
Financing Authority and City Ordinance , in ac-
1022 ORDINANCES Ord. No. 858
cordance with the provisions of Article VI, Section 2(h)
(3) of the Baltimore City Charter (1964 Revision).
Whereas, Article 41, Sections 266J and 266CC inclusive,
of the Annotated Code of Maryland, as amended, created
and amended the Maryland Industrial Development Financ-
ing Authority, hereinafter called "MIDFA," and vested
in it certain powers and duties in connection with the
preservation and betterment of the economy of the State,
authorizes any municipality of the State to borrow money
without pledging its full faith and credit, and to execute a
mortgage as security therefore, and use such money to
defray the cost of acquiring an industrial project, including
land, buildings and equipment, either by purchase or con-
struction, after the adoption of an ordinance by the legis-
lature of the municipality to do so; and
Whereas, the money appropriated herein represents the
proceeds of an Industrial Development Loan fully approved
and partially guaranteed by the Maryland Industrial De-
velopment Financing Authority ; and
Whereas, Ordinance provides a sum of money not
to exceed Fow Hundrod Thousand Dollars ($400,000)
THREE HUNDRED EIGHTY - SEVEN THOUSAND
SEVEN HUNDRED TWENTY-ONE DOLLARS ($387,-
721) for the acquisition and improvement of property lo-
cated in Baltimore City at 3001 Grantley Avenue and
Si* Hundrod Eighty Thousand Dollars ($680,000) SIX
HUNDRED NINETY-FIVE THOUSAND SIX HUN-
DRED EIGHTY-SIX DOLLARS ($695,686) for the acqui-
sition and installation of equipment at said location; and
Whereas, Ordinance provides for the leasing of the
aforementioned property and equipment to the Flynn &
Emrich Company to be used in connection with its business
operations; and
Whereas, the Industrial Development Loan represents
a material change in circumstances since the adoption of
the 1977 1978 1978-1979 Ordinance of Estimates; and
Whereas, the supplementary special loan fund appro-
priation ordained herein has been recommended to the City
Council by the Board of Estimates, said recommendation
having been made at a regular meeting of said Board held
ORDINANCES 1023
on the 28th day of June, 4£7S 26TH DAY OF JULY, 1978,
all in accordance with Article VI, Section 2(h) (3) of the
1964 revised Charter of Baltimore City.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2(h)(3) of the 1964 revision of the Charter of
Baltimore City, the sum of One Million Eighty Thousand
Dollars ($1,080,000) ONE MILLION EIGHTY-THREE
THOUSAND FOUR HUNDRED SEVEN DOLLARS
($1,083,407) shall be made available to the Department
of Housing and Community Development of the City of
Baltimore as a supplementary special loan fund appropri-
ation for the fiscal year ending feae SO, 4338 JUNE 30,
1979 for the purpose of acquiring and improving property
located in Baltimore City at 3001 Grantley Avenue, and
acquiring and installing equipment at said location. The
amount thus made available as a supplementary special
loan fund appropriation shall be expended from an Indus-
trial Development Loan and shall be the source of revenue
for this supplementary special loan fund appropriation, as
required by Article VI, Section 2(h)(3) of the 1964 re-
vised Charter of Baltimore City.
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved August 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 859
(Council No. 1490)
An Ordinance to amend Sheets 58 and 59 of the Zoning
District Maps of Article 30 of the Baltimore City Code
(1966 Edition), title "Zoning," (Ordinance 1051, ap-
proved April 20, 1971) by changing from the M-3 Zoning
District to the B-3-S B-3-2 Zoning District the properties
on the south side of East Lombard Street, east from South
Kresson Street, known as Nos. 4401-4425 East Lombard
1024 ORDINANCES Ord. No. 860
Street, as outlined in red on the AMENDED plats accom-
panying this ordinance.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That Sheets 58 and 59 of the Zoning District
Maps of Article 30 of The Baltimore City Code (1966 Edi-
tion), title "Zoning," (Ordinance 1051, approved April 20,
1971) be and they are hereby amended by changing from
the M-3 Zoning District to the B-£-3 B-3-2 Zoning District
the properties on the south side of East Lombard Street, east
from South Kresson Street, known as Nos. 4401-4425 East
Lombard Street, as outlined in red on the AMENDED plats
accompanying this Ordinance.
Sec. 2. And be it further ordained, That upon passage
of this ordinance by the City Council, as evidence of the
authenticity of the AMENDED plat which is a part hereof
and in order to give notice to the departments which are
administering the Zoning Ordinance, the President of the
City Council shall sign the AMENDED plat and, when the
Mayor approves the ordinance, he shall sign the AMENDED
plat. The City Treasurer shall then transmit a copy of the
ordinance and one of the AMENDED plats to the following:
the Board of Municipal and Zoning Appeals, the Planning
Commission, the Commissioner of the Department of Hous-
ing and Community Development and the Zoning Adminis-
trator.
Sec. 3. And be it further ordained, That this ordinance
shall take effect thirty days from the date of its passage.
Approved August 18, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 860
(Council No. 1747)
An Ordinance to amend the Renewal Plan for Walbrook
Shopping Center, which Plan was originally approved by
ORDINANCES 1025
Ordinance No. 119, dated June 30, 1976, to, among other
things, (1) acquire 3408 Walbrook Avenue for urban
renewal purposes, by purchase or by condemnation; (2)
designate Community Business as the land use for the
entire project area; (3) establish standards and controls
limiting the uses permitted on land to be acquired and
disposed of; (4) provide that plans for exterior rehabili-
tation and change in use on any property not to be ac-
quired shall be reviewed by the Department of Housing
and Community Development; (5) revise the language
pertaining to duration of provisions and requirements of
said Plan; (6) revise certain exhibits attached to said
Plan to indicate the changes provided herein; (7) waive
such requirements, if any, as to content or procedure
for the preparation, adoption, and approval of renewal
plans as set forth in Ordinance No. 152, dated June 28,
1968, as amended to date; (8) provide for the separa-
bility of the various parts and applications of this ordi-
nance; (9) provide that where the provisions of this
ordinance shall conflict with any other ordinance, code
or regulation, the provision which establish the higher
standard shall prevail; and (10) provide for the effective
date hereof.
Whereas, pursuant to Section 26, Article 13, of the Bal-
timore City Code (1966 Edition), as amended by Ordinance
No. 152, approved June 28, 1968, as amended to date, no
substantial change or changes shall be made in any re-
newal plan after approval by ordinance, without such
change or changes first being adopted and approved in the
same manner as set forth in said Section 26 for the ap-
proval of a renewal plan, namely the preparation of such
change or changes by the Department of Housing and
Community Development, the approval of such change or
changes by the Director of the Department of Planning,
and approval and adoption by an ordinance of the Mayor
and City Council of Baltimore after public hearing in rela-
tion thereto, all in the manner set forth in said Section 26 ;
and
Whereas, the Department of Housing and Community
Development has prepared a list of changes to the Renewal
Plan for Walbrook Shopping Center, known as ' 'Amend-
ment to the Urban Renewal Plan for Walbrook Shopping
1026 ORDINANCES Ord. No. 860
Center" dated May 19, 1978, which has been approved by
the Director of the Department of Planning on May 24,
1978, with respect to its conformity as to the Master Plan ;
the detailed location of any public improvements proposed
in the amended renewal plan; its conformity to the rules
and regulations for subdivisions; and its conformity to
existing zoning classifications; and the amended renewal
plan for Walbrook Shopping Center has been approved and
recommended to the Mayor and City Council of Baltimore
by the Commissioner of the Department of Housing and
Community Development on May 25, 1978; now, therefore,
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the following amendment and changes
to the Renewal Plan for Walbrook Shopping Center, having
been duly reviewed and considered, are hereby approved
and the Clerk of the City Council is hereby directed to file
a copy of said Renewal Plan, revised to include Amendment
No. 1, dated May 19, 1978, with the Department of Legis-
lative Reference as a permanent public record and to make
the same available for public inspection and information.
1. In the Table of Contents, page i, section entitled "Ex-
hibits" delete the date after the three map exhibits and
insert in lieu thereof "as revised 5/19/78" after the Land
Use Plan Map and Property Acquisition/Disposition Map
and "as revised 11/15/76" after the Zoning Districts Map.
2. In Part B. Land Use Plan, Section B.2.a(4) entitled
"Disposition Lot 1", page 3, delete the existing sentence
and insert in lieu thereof the following :
"Disposition Lot 1 shall be Community Business and re-
lated off-street parking. The following uses shall not be
permitted: dance halls, pawn shops, religious institutions,
and taverns."
3. In Part B. Land Use Plan, Section B.2.b.(2) entitled
"New Construction/Substantial Rehabilitation", page 4,
delete the title and the entire section and insert in lieu
thereof :
"New Construction, Exterior Rehabilitation,
Change in Use
All plans for new construction (including parking lots),
ORDINANCES 1027
exterior rehabilitation, and/or change in use on any prop-
erty not to be acquired under the provisions of this Plan
shall be submitted to the Department of Housing and Com-
munity Development for review. Only upon finding that the
proposed plans are consistent with the objectives of the
Urban Renewal Plan shall the Commissioner of the De-
partment of Housing and Community Development author-
ize the processing of the plans for issuance of a build-
ing permit. The provisions of this section are in addition
to and not in lieu of all other applicable laws and ordi-
nances relating to new construction."
4. In Part C. Techniques Used to Achieve Plan Objec-
tives, Section C.l.b. entitled "Rehabilitation", page 5, de-
lete the second sentence and insert in lieu thereof:
"Plans for new construction, exterior rehabilitation,
change in use, and demolition shall be submitted to the
Department of Housing and Community Development for
review in accordance with Sections B.2.b.(2) and (3)."
5. In Part D. Other Provisions Necessary to Meet Re-
quirements of State and Local Laws, Section D.2 entitled
"Zoning", page 7, delete the section in its entirety and
insert in lieu thereof:
"All appropriate provisions of the Zoning Ordinance of
Baltimore City shall apply to properties in the project area.
Zoning Districts are shown on Exhibit 3, Zoning Districts
Map."
6. In Part D. Other Provisions Necessary to Meet Re-
quirements of State and Local Laws, Section D.3. entitled
"Reasons for the Various Provisions of this Plan," page 7,
delete subsection a. in its entirety and insert in lieu
thereof :
"a. Acquisition of deteriorating properties for the rede-
velopment of the neighborhood shopping area and related
off-street parking."
7. In Part E., Duration of Provisions and Requirements,
page 7, delete this section in its entirety and insert in lieu
thereof :
"The Walbrook Shopping Center Renewal Plan, as it may
be amended from time to time, shall remain in full force
1028 ORDINANCES Ord. No. 860
and effect for a period of not less than 40 years from the
date of original adoption of this Renewal Plan by ordinance
of the Mayor and City Council of Baltimore."
8. Delete from the Plan Exhibits 1 and 2, and insert in
lieu thereof revised Exhibits 1 and 2, dated as revised May
19, 1978.
Sec. 2. And be it further ordained, That it is necessary
to acquire by purchase or by condemnation, for urban re-
newal purposes, the fee simple interest or any lesser in-
terest in and to certain properties or portions thereof
together with all right, title, interest, and estate that the
owner or owners of said property interests may have in all
streets, alleys, ways or lanes, public or private, both
abutting the whole area described and/or contained within
the perimeter of said area, situate in Baltimore City, Mary-
land, and described as follows :
3408 Walbrook Avenue
Sec. 3. And be it further ordained, That the Real Estate
Acquisition Division of the Department of the Comptroller,
or such person or persons and in such manner as the Board
of Estimates, in the exercise of the power vested in it by
Article V, Section 5, of the Baltimore City Charter, may
hereafter from time to time designate, is or are authorized
to acquire on behalf of the Mayor and City Council of Balti-
more and for the purposes described in this ordinance the
fee simple interest or any lesser interest in and to the prop-
erties or portions thereof hereinabove mentioned. If the
said Real Estate Acquisition Division of the Department of
the Comptroller, or such person or persons, and in such
manner as the Board of Estimates, in the exercise of the
power vested in it by Article V, Section 5, of the Baltimore
City Charter, may hereafter from time to time designate, is
or are unable to agree with the owner or owners on the pur-
chase price of said properties or portions thereof, it or they
shall forthwith notify the City Solicitor of Baltimore City,
who shall thereupon institute in the name of the Mayor and
City Council of Baltimore the necessary legal proceedings
to acquire by condemnation the fee simple interest or any
lesser interest in and to said properties or portions thereof.
ORDINANCES 1029
Sec. 4. And be it further ordained, That in whatever
respect, if any, the amended Renewal Plan approved hereby
for Walbrook Shopping Center may not meet the require-
ments as to the content of a renewal plan or the procedures
for the preparation, adoption, and approval of renewal
plans, as provided in Ordinance No. 152, approved June 28,
1968, as amended to date, the said requirements are hereby
waived and the amended Renewal Plan approved hereby is
exempted therefrom.
Sec. 5. And be it further ordained, That in the event it
be judicially determined that any word, phrase, clause,
sentence, paragraph, section or part in or of this ordinance
or the application thereof to any person or circumstances is
invalid, the remaining provisions and the application of
such provisions to other persons or circumstances shall not
be affected thereby, the Mayor and City Council hereby
declaring that they would have ordained the remaining pro-
visions of this ordinance without the word, phrase, clause,
sentence, paragraph, section or part or the application
thereof so held invalid.
Sec. 6. And be it further ordained, That in any case
where a provision of this ordinance concerns the same sub-
ject matter as an existing provision of any zoning, building,
electrical, plumbing, health, fire or safety ordinance or code
or regulation, the applicable provisions concerned shall be
construed so as to give effect to each; provided, however,
that if such provisions are found to be in irreconcilable
conflict, the provision which establishes the higher stand-
ard for the promoton of the public health and safety shall
prevail. In any case where a provision of this ordinance is
found to be in conflict with an existing provision of any
other ordinance or code or regulation in force in the City of
Baltimore which establishes a lower standard for the pro-
motion and protection of the public health and safety, the
provision of this ordinance shall prevail, and the other
existing provision of such other ordinance or code or regu-
lation is hereby repealed to the extent that it may be found
in conflict with this ordinance.
1030 ORDINANCES Ord. No. 861
Sec. 7. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved August 28, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 861
(Council No. 1020)
An Ordinance to condemn and open, Holliday Street ex-
tending from Fayette Street, Northerly 217 feet, more or
less, to Lexington Street in accordance with a plat
thereof numbered, 332-A-2, prepared by the Surveys
and Records Division and filed in the Office of the De-
partment of Public Works, on the Twenty-fifth (25th)
day of May, 1977, and now on file in said office.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the Department of Public Works be,
and they are hereby authorized and directed to condemn,
open, Holliday Street extending from Fayette Street,
Northerly 217 feet, more or less, to Lexington Street the
street hereby directed to be condemned for said opening
being described as follows :
Beginning for the same at the point formed by the inter-
section of the north side of Fayette Street, as now laid out,
and the west side of Holliday Street, as now laid out, and
running thence binding on the west side of said Holliday
Street, Northerly 239 feet, more or less, to intersect the
south side of Lexington Street, as now laid out; thence by
a straight line, Easterly 114 feet, more or less, to the south-
east corner of said Holliday Street and said Lexington
Street; thence binding on the east side of said Holliday
Street, Southerly 195 feet, more or less, to intersect the
north side of said Fayette Street and thence by a straight
line, Westerly 116 feet, more or less, to the place of be-
ginning.
ORDINANCES 1031
The said Holliday Street as directed to be condemned
being more particularly described and referred to among
the Land Records of Baltimore City and delineated and par-
ticularly shown on a plat numbered 332-A-2 which was
filed in the Office of the Department of Public Works on the
Twenty-fifth (25th) day of May in the year 1977, and is
now on file in said Office.
Sec. 2. And be it further ordained, That the proceedings
of said Department of Public Works, with reference to the
condemnation and opening of said Holliday Street and the
proceedings and rights of all parties interested or affected
thereby, shall be regulated by, and be in accordance with,
any and all applicable provisions of Article 4 of the Code of
Public Local Laws of Maryland and the Charter of Baltimore
City (1964 Revision) as amended to July 1, 1973 and any
and all amendments thereto, and any and all other Acts of
the General Assembly of Maryland, and any and all ordi-
nances of the Mayor and City Council of Baltimore, and
any and all rules or regulations in effect which have been
adopted by the Director of Public Works and filed with the
Department of Legislative Reference.
Sec. 3. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved September 29, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 862
(Council No. 1021)
An Ordinance to condemn and close Holliday Street extend-
ing from Fayette Street, Northerly 217 feet, more or
less, to Lexington Street in accordance with a plat
thereof numbered 332-A-2A, prepared by the Surveys
and Records Division and filed in the Office of the De-
partment of Public Works, on the Twenty-fifth (25th)
day of May, 1977, and now on file in said office.
1032 ORDINANCES Ord. No. 862
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the Department of Public Works be,
and they are hereby authorized and directed to condemn
and close Holliday Street extending from Fayette Street,
Northerly 217 feet, more or less, to Lexington Street, the
street hereby directed to be condemned for said closing
being described as follows :
Beginning for the same at the point formed by the inter-
section of the north side of Fayette Street, as now laid out,
and the west side of Holliday Street, as now laid out, and
running thence binding on the west side of said Holliday
Street, Northerly 239 feet, more or less, to intersect the
south side of Lexington Street, as now laid out; thence by
a straight line, Easterly 114 feet, more or less, to the south-
east corner of said Holliday Street and said Lexington
Street; thence binding on the east side of said Holliday
Street, Southerly 195 feet, more or less, to intersect the
north side of said Fayette Street and thence by a straight
line, Westerly 116 feet, more or less, to the place of be-
ginning.
The said Holliday Street as directed to be condemned
being more particularly described and referred to among
the Land Records of Baltimore City and delineated and par-
ticularly shown on a plat numbered 332-A-2A which was
filed in the Office of the Department of Public Works on
the Twenty-fifth (25th) day of May, in the year 1977 and
is now on file in said Office.
Sec. 2. And be it further ordained, That after said high-
way or highways shall have been closed under the provi-
sions of this ordinance, all subsurface structures and
appurtenances now owned by the Mayor and City Council
of Baltimore, shall be and continue to be the property of
the Mayor and City Council of Baltimore, in fee simple,
until the use thereof shall be abandoned by the Mayor and
City Council of Baltimore, and in the event that any person,
firm or corporation shall first obtain permission and per-
mits therefor from the Mayor and City Council of Balti-
more, and shall in the application for such permission and
permits agree to pay all costs and charges of every kind
and nature made necessary by such removal, alternation or
interference.
ORDINANCES 1033
Sec. 3. And be it further ordained, That no buildings or
structures of any kind shall be constructed or erected in
said portion of said highway or highways after the same
shall have been closed under the provisions of this ordi-
nance until the subsurface structures and appurtenances
now owned by the Mayor and City Council of Baltimore,
over which said buildings or structures are proposed to be
constructed or erected shall have been abandoned or shall
have been removed and relaid in accordance with the speci-
fications and under the direction of the Director of Public
Works of Baltimore City, and at the expense of the person
or persons or body corporate desiring to erect such build-
ings or structures. Railroad tracks shall be taken to be
"structures" within the meaning of this section.
Sec. 4. And be it further ordained, That after said high-
way or highways shall have been closed under the provi-
sions of this ordinance, all subsurface structures and appur-
tenances owned by any person, firm or corporation, other
than the Mayor and City Council of Baltimore, shall upon
notice from the Director of Public Works of Baltimore
City, be promptly removed by and at the expense of the
said owners.
Sec. 5. And be it further ordained, That on and after
the closing of said highway or highways, the said Mayor
and City Council of Baltimore, acting through its duly
authorized representatives, shall, at all times, have access
to said property and to all subsurface structures and
appurtenances used by it therein, for the purposes of in-
spection, maintenance, repair, alteration, relocation and/
or replacement, of any or all of said structures and
appurtenances, and this without permission from or com-
pensation to the owner or owners of said land.
Sec. 6. And be it further ordained, That the proceedings
of said Department of Public Works with reference to the
condemnation and closing of said Holliday Street and the
proceedings and rights of all parties interested or affected
thereby, shall be regulated by, and be in accordance with,
any and all applicable provisions of Article 4 of the Code
of Public Local Laws of Maryland and the Charter of Balti-
more City (1964 Revision) as amended to July 1, 1973 and
1034 ORDINANCES Ord. No. 864
any and all amendments thereto, and any and all other Acts
of the General Assembly of Maryland, and any and all ordi-
nances of the Mayor and City Council of Baltimore, and
any and all rules or regulations in effect which have been
adopted by the Director of Public Works and filed with the
Department of Legislative Reference.
Sec. 7. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved September 29, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 863
(Council No. 1056)
An Ordinance providing for one-way westbound traffic on
Fayette Street from Gay Street to Holliday Street.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That traffic shall be one-way westbound on
Fayette Street between Gay Street and Holliday Street.
Sec. 2. And be it further ordained, That this ordinance
shall take effect upon the closing of Holliday Street be-
tween Fayette Street and Lexington Street.
Approved September 29, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 864
(Council No. 1321)
An Ordinance to amend Sheets 55 and 65 of the Zoning
Maps of Article 30 of the Baltimore City Code (1966 Edi-
ORDINANCES 1035
tion), title "Zoning" (Ordinance No. 1051, approved
April 20, 1971), by changing the following zoning dis-
tricts in the Ridgely's Delight Urban Renewal Project:
(1) from the M-l-2 Zoning District to the R-9-P Zoning
District the properties generally east of Penn Street, south
of Melvin Drive, west of 645 Melvin Drive, and north
of Bankard Lane, as outlined in red on the plat accom-
panying this ordinance; (2) from the M-2-2 Zoning
District to the R-9 Zoning District two tracts of land,
one encompassing the properties generally north of W.
Conway Street, east of S. Fremont Avenue, south of
Burgundy Street, and west of 628 W. Conway Street, the
other generally encompassing the properties known as 600
through 606 W. Conway Street and 603 and 605 Burgundy
Street, as outlined in yellow on the plat accompanying
this ordinance; (3) from the M-2-2 Zoning District to
the R-9-P Zoning District an area formed by a line begin-
ning at the centerline of Russell and Eislen Streets, thence
running southerly to the centerline of the proposed City
Boulevard, thence running westerly along the centerline
of the proposed City Boulevard to the centerline of
Ridgely Street, thence running northeasterly to the
centerline of S. Fremont Avenue, thence running north-
westerly to the centerline of W. Conway Street, thence
running easterly to the western property line of 630 W.
Conway Street, thence northwesterly along the western
property line of 630 W. Conway Street to the centerline
of Burgundy Street, thence running easterly to the
western property line of 606 W. Conway Street, thence
running southeasterly along the western property line of
606 W. Conway Street to the centerline of W. Conway
Street, thence easterly to the centerline of Warner Street,
thence running northwesterly along the centerline of
Warner Street to intersect the northeastern property line
extension of 605 Warner Street, thence running generally
northeasterly, southeasterly, and northeasterly again to
include those properties known as 605-609 Warner Street
and 544-540 Burgundy Street, thence running along the
division line of 543 and 541 S. Paca Street to the center-
line of S. Paca Street, thence running northeasterly along
the centerline of S. Paca Street to the eastern property
line of 524 S. Paca Street, thence running northwesterly
along said division line, through Eislen Street, and
1036 ORDINANCES Ord. No. 864
continuing along the division line between 524 and 526
Eislen Street, thence running generally northeasterly and
southeasterly to the centerline of Eislen Street, encom-
passing the properties known as 510-524 Eislen Street,
and thence running northeasterly to the point of begin-
ning, as outlined in blue on the plat accompanying
this ordinance; (4) and from the R-9 Zoning District
to the R-9-P Zoning District the property known as 543
S. Paca Street, as outlined in green on the plat accom-
panying this ordinance.
Section. 1. Beit ordained by the Mayor and City Council
of Baltimore, That Sheets 55 and 65 of the Zoning Districts
Maps of Article 30 of the Baltimore City Code (1966
Edition), title "Zoning" (Ordinance No. 1051, approved
April 10, 1971) be and they are hereby amended by chang-
ing (1) from the M-l-2 Zoning District to the R-9-P
Zoning District the properties generally east of Penn Street,
south of Melvin Drive, west of 645 Melvin Drive, and north
of Bankard Lane, as outlined in red on the plat accompany-
ing this Ordinance; (2) from the M-2-2 Zoning District to
the R-9 Zoning District two tracts of land, one encompassing
the properties generally north of W. Conway Street, east
of S. Fremont Avenue, south of Burgundy Street and west of
628 W. Conway Street, the other generally encompassing the
properties known as 600 through 606 W. Conway Street and
603 and 605 Burgundy Street, as outlined in yellow on the
plat accompanying this ordinance; (3) from the M-2-2
Zoning District to the R-9-P Zoning District an area formed
by a line beginning at the centerline of Russell and Eislen
Streets, thence running southerly to the centerline of the
proposed City Boulevard, thence running westerly along
the centerline of the proposed City Boulevard to the center-
line of Ridgely Street, thence running northeasterly to the
centerline of S. Freemont Avenue, thence running north-
westerly to the centerline of W. Conway Street, thence run-
ning easterly to the western property line of 630 W. Conway
Street, thence running northwesterly along the western
property line of 630 W. Conway Street to the centerline of
Burgundy Street, thence running easterly to the western
property line of 606 W. Conway Street, thence running
southeasterly along the western property line of 606 W.
Conway Street to the centerline of W. Conway Street,
ORDINANCES 1037
thence running easterly to the centerline of Warner Street,
thence running northwesterly along the centerline of War-
ner Street, thence running generally northeasterly, south-
easterly, and northeasterly again to include those properties
known as 605-609 Warner Street and 544-540 Burgundy
Street, thence running along the division line of 543 and
541 S. Paca Street to the centerline of S. Paca Street,
thence running northeasterly along the centerline of S. Paca
Street to the eastern property line of 524 S. Paca Street,
thence running northwesterly along said division line,
through Eislen Street, and continuing along the division line
between 524 and 526 Eislen Street, thence running generally
northeasterly and southeasterly to the centerline of Eislen
Street, encompassing the properties known as 510-524
Eislen Street, and thence running northeasterly to the
point of beginning, as outlined in blue on the plat accom-
panying this ordinance; (4) and from the R-9 Zoning Dis-
trict to the R-9-P Zoning District the property known as
543 S. Paca Street, as outlined in green on the plat accom-
panying this ordinance.
Sec. 2. And be it further ordained, That upon passage of
this ordinance by the City Council, as evidence of the au-
thenticity of the plat which is a part hereof and in order
to give notice of the Departments which are administering
the Zoning Ordinance, the President of the City Council
shall sign the plat and when the Mayor approves the
ordinance he shall sign the plat. The City Treasurer shall
then transmit a copy of the ordinance and one of the plats
to the following: the Board of Municipal and Zoning
Appeals, the Planning Commission, the Commissioner of
the Department of Housing and Community Development,
and the Zoning Administrator.
Sec. 3. And be it further ordained, That this ordinance
shall take effect on the date of its passage.
Approved October 2, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
1038 ORDINANCES Ord. No. 865
No. 865
(Council No. 1404)
An Ordinance to amend Sheet No. 36 of the Zoning District
Maps of Article 30 of the Baltimore City Code (1966
Edition), title "Zoning/' (Ordinance No. 1051, approved
April 20, 1971) by changing from the B-3-2 Zoning Dis-
trict to the B-2-2 Zoning District the properties known
as 2527 through 2545 Greenmount Avenue and the prop-
erty lying north of 2545 Greenmount Avenue as outlined
in blue on the plats accompanying this ordinance ; and by
changing from the B-l-2 Zoning District to the B-2-2
Zoning District the properties known as 2565, 2567, 2601
and 2603 Greenmount Avenue as outlined in red on the
plats accompanying this ordinance.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That Sheet No. 36 of the Zoning District
Maps of Article 30 of the Baltimore City Code (1966 Edi-
tion), title "Zoning," (Ordinance No. 1051, approved April
20, 1971) be and it is hereby amended by changing from
the B-3-2 Zoning District to the B-2-2 Zoning District the
properties known as 2527 through 2545 Greenmount Ave-
nue and the property lying north of 2545 Greenmount
Avenue as outlined in blue on the plats accompanying this
ordinance; and by changing from the B-l-2 Zoning Dis-
trict to the B-2-2 Zoning District the properties known as
2565, 2567, 2601 and 2603 Greenmount Avenue, as outlined
in red on the plats accompanying this ordinance.
Sec. 2. And be it further ordained, That upon passage of
this ordinance by the City Council, as evidence of the au-
thenticity of the plat which is a part hereof and in order
to give notice to the departments which are administering
the Zoning Ordinance, the President of the City Council
shall sign the plat and, when the Mayor approves the
ordinance, he shall sign the plat. The City Treasurer shall
then transmit a copy of the ordinance and one of the plats
to the following: the Board of Municipal and Zoning Ap-
peals, the Planning Commission, the Commissioner of the
Department of Housing and Community Development and
the Zoning Administrator.
ORDINANCES 1039
SEC. 3. And be it further ordained, That this ordinance
shall take effect thirty days from the date of its passage.
Approved October 2, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 866
(Council No. 1445)
An Ordinance to amend Sheet 46 of the Zoning Maps of
Article 30 of the Baltimore City Code (1966 Edition),
title "Zoning" (Ordinance No. 1051, approved April 20,
1971) by changing the following Zoning Districts in
the Oliver Urban Renewal Area: (1) from the B-2-3
Zoning District to the R-8 Zoning District the area
bounded by Aisquith Street, E. Lafayette Avenue, Har-
ford Avenue, and E. Lanvale Street, excluding the prop-
erties at 1301 through 1315 E. Lafayette Avenue, as
outlined in red on the REVISED plat accompanying this
ordinance; (2) from the R-8 Zoning District to the B-2-3
Zoning District the property on the north side of Fed-
eral Street at the northwest corner of Harford Avenue
as outlined in green on the REVISED plat accompanying
this ordinance; (3) from the B-l-2 Zoning District to the
B-3-2 Zoning District the area which includes 450Q
through 1&14 an4 1525 through 1537 Harford Avenue,
1501 through 1517 N. Central Avenue, 4220 £r Olivor
Stroot, 1303 and 1305 Federal Street and a portion of
1509 and 1515 through 1523 Lamont Avenue as outlined
in yellow on the REVISED plat accompanying this or-
dinance; (4) from the B-l-2 Zoning District to the R-8
Zoning District 1307 Federal Street and a portion of
1501 Aisquith Street (part of the former bed of Goodwin
Street); these two areas are outlined in brown on the
REVISED plat accompanying this ordinance; and (5)
from the R-8 Zoning District to the B-3-2 Zoning Dis-
trict the area which includes 1501 through 1513 Lamont
Avenue and Lot 36, Block 1124, as outlined in blue on
the REVISED plat accompanying this ordinance.
1040 ORDINANCES Ord. No. 866
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That Sheet 46 of the Zoning Maps of Article
30 of the Baltimore City Code (1966 Edition), title "Zon-
ing" (Ordinance No. 1051, approved April 20, 1971) be
and it is hereby amended by changing (I) from the B-2-3
Zoning District to the R-8 Zoning District the area bounded
by Aisquith Street, E. Lafayette Avenue, Harford Avenue,
and E. Lanvale Street, excluding the properties at 1301
through 1315 E. Lafayette Avenue, as outlined in red on
the REVISED plat accompanying this ordinance; (2) from
the R-8 Zoning District to the B-2-3 Zoning District the
property on the north side of Federal Street at the north-
west comer of Harford Avenue as outlined in green on the
REVISED plat accompanying this ordinance;
(3) from the B-l-2 Zoning District to the B-3-2 Zoning
District the area which includes 1500 through 1516 a»4
1525 through 1537 Harford Avenue, 1501 through 1517
N. Central Avenue, 4220 £* Oliver Street, 1303 and 1305
Federal Street and a portion of 1509 and 1515 through
1523 Lamont Avenue as outlined in yellow on the RE-
VISED plat accompanying this ordinance; (4) from the
B-42 B-l-2 Zoning District to the R-8 Zoning District 1307
Federal Street and a portion of 1501 Aisquith Street (part
of the former bed of Goodwin Street) ; these two areas
are outlined in brown on the REVISED plat accompanying
this ordinance; and (5) from the R-8 Zoning District to
the B-3-2 Zoning District the area which includes 1501
through 1513 Lamont Avenue and Lot 36, Block 1124, as
outlined in blue on the REVISED plat accompanying this
ordinance.
Sec. 2. And be it further ordained, That upon passage
of this Ordinance by the City Council, as evidence of the
authenticity of the REVISED plat which is a part hereof
and in order to give notice to the Departments which are
administering the Zoning Ordinance, the President of the
City Council shall sign the REVISED plat and when the
Mayor approves the ordinance he shall sign the REVISED
plat. The City Treasurer shall then transmit a copy of the
ordinance and one of the REVISED plats to the following:
the Board of Municipal and Zoning Appeals, the Planning
Commission, the Commissioner of the Department of Hous-
ORDINANCES 1041
ing and Community Development, and the Zoning Ad-
ministrator.
Sec. 3. And be it further ordained, That this Ordinance
shall take effect on the date of its passage.
Approved October 2, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 867
(Council No. 1634)
An Ordinance to amend Sheet 12 of the Zoning Maps of
Article 30 of the Baltimore City Code (1966 Edition),
title "Zoning" (Ordinance No. 1051, approved April 20,
1971) by changing the following zoning district in the
Park Heights Urban Renewal Project: from the R-6
Zoning District to the B-2-2 Zoning District the area
generally known as Ward 27, Section 19, Block 4585, Lot
26 and the triangular parcel of land known as rear of
5010-5018 Palmer Avenue as outlined in magenta on the
plat accompanying this ordinance.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That Sheet 12 of the Zoning Maps of Article
30 of the Baltimore City Code (1966 Edition) title "Zoning"
(Ordinance No. 1051, approved April 20, 1971) be and it is
hereby amended by changing from the R-6 Zoning District
to the B-2-2 Zoning District the area generally known as
Ward 27, Section 19, Block 4585, Lot 26 and the triangular
parcel of land known as rear of 5010-5018 Palmer Avenue,
as outlined in magenta on the plat accompanying this ordi-
nance.
Sec. 2. And be it further ordained, That upon passage of
this ordinance by the City Council, as evidence of the au-
thenticity of the plat which is a part hereof and in order to
give notice of the Departments which are administering
the Zoning Ordinance, the President of the City Council
1042 ORDINANCES Ord. No. 868
shall sign the plat and when the Mayor approves the ordi-
nance he shall sign the plat. The City Treasurer shall then
transmit a copy of the ordinance and one of the plats to the
following: the Board of Municipal and Zoning Appeals, the
Planning Commission, the Commissioner of the Depart-
ment of Housing and Community Development and the
Zoning Administrator.
SEC. 3. And be it further ordained, That this ordinance
shall take effect on the date of its passage.
Approved October 2, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 868
(Council No. 1654)
An Ordinance to amend Sheet 33 of the Zoning Maps of
Article 30 of the Baltimore City Code (1976 Edition),
title "Zoning" by changing the following zoning districts
in the Park Heights Urban Renewal Area: (1) from the
B-3-1 Zoning District to the M-l-1 Zoning District that
portion of 2900-12 Druid Park Drive underlying the
buildings known as 2910 and 2912 Druid Park Drive and
all land to the north and west of said buildings unto the
adjoining property at 2920 Druid Park Drive as outlined
in red on the plat accompanying this ordinance; and (2)
from the B-2-1 Zoning District to the M-l-1 Zoning Dis-
trict the property known as 3330 Park Circle and that
portion of 2900-12 Druid Park Drive fronting on Sequoia
Avenue, Park Circle, and 255 feet, more or less, along
Druid Park Drive as outlined in blue on the plat accom-
panying this ordinance.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That Sheet 33 of the Zoning Maps of Article
30 of the Baltimore City Code (1976 Edition), title "Zon-
ing" be and it is hereby amended by changing: (1) from
the B-3-1 Zoning District to the M-l-1 Zoning District
ORDINANCES 1043
that portion of 2900-12 Druid Park Drive underlying the
buildings known as 2910 and 2912 Druid Park Drive and all
land to the north and west of said buildings unto the ad-
joining property at 2920 Druid Park Drive as outlined in
red on the plat accompanying this ordinance; and (2) from
the B-2-1 Zoning District to the M-l-1 Zoning District the
property known as 3330 Park Circle and that portion of
2900-12 Druid Park Drive fronting on Sequoia Avenue, Park
Circle, and 255 feet, more or less, along Druid Park Drive
as outlined in blue on the plat accompanying this ordinance.
Sec. 2. And be it further ordained, That upon passage
of this ordinance by the Mayor and City Council, as evi-
dence of the authenticity of the plat which is a part hereof
and in order to give notice to the Departments which are
administering the Zoning Ordinance, the President of the
City Council shall sign the plat and when the Mayor ap-
proves the ordinance he shall sign the plat. The City
Treasurer shall then transmit a copy of the ordinance and
one of the plats to the following: the Board of Municipal
and Zoning Appeals, the Planning Commission, the Com-
missioner of the Department of Housing and Community
Development and the Zoning Administrator.
Sec. 3. And be it further ordained, That this ordinance
shall take effect on the date of its passage.
Approved October 2, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 869
(Council No. 1780)
An Ordinance to add new Sections 254 a»4 252 115 AND
116 to Article 44 26 of the Baltimore City Code, 1976 Edi-
tion, Title, "Health," "STREETS AND HIGHWAYS,"
Subtitle, "Soil Erosion and Sediment Control" to follow
immediately after Subsection 250 114 and to grant the
Department of Public Works authority in connection
1044 ORDINANCES Ord. No. 869
with the enforcement of rules and regulations with re-
gard to soil erosion and sediment control.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That new Sections 2&± a»4 2£2 115 AND 116
be and the same is hereby added to Article 44- 26 of the Bal-
timore City Code, 1976 Edition, Title, "Health," "STREETS
AND HIGHWAYS," to come under the new Subtitle, "Soil
Erosion and Sediment Control," to read as follows:
SOIL EROSION AND SEDIMENT CONTROL
Section 254- 115 — Enforcement
If the Director of Public Works or his representative
finds any area or property within the City of Baltimore in
violation of Baltimore City's latest edition of their ITS
Erosion and Sediment Control Manual, the owner or owners
of said areas in OR property shall be given notification to
correct said condition in accordance tvith the recommenda-
tion of the Director of Public Works or his representative.
The owner of said areas or property shall have 15 days from
the date of wHtten notification or a time specified by the
Director of Public Works or his representative to correct the
unsatisfactory condition in accordance with said recom-
mendations.
Section 2S2 116 — Fines
If soM owner foMs to correct the unsatisfactory condition
to the satisfaction of the Director of Public Works > the
owner shall ho subjected to # fine fo* e&eh and
every day- the violation exists^
IF THE UNSATISFACTORY CONDITION IS NOT
CORRECTED TO COMPLY WITH THE PROVISIONS
OF THE EROSION AND SEDIMENT CONTROL MAN-
UAL, THE OWNER OF THE PROPERTY MAY BE
ASSESSED A FINE, NOT TO EXCEED $100 PER DAY,
FOR EACH AND EVERY DAY THE VIOLATION EX-
ISTS.
Sec. 2. And be it further ordained, That any and all pub-
lic local laws or special laws, ordinances or resolutions, and
any and all parts of any public local laws or special laws,
ORDINANCES 1045
ordinances or resolutions inconsistent with any of the pro-
visions of this ordinance are hereby repealed to the extent
of any such inconsistency.
Sec. 3. And be it further ordained, That in case it be ju-
dicially determined that any word, phrase, clause, item,
sentence, paragraph or section of this ordinance, or the
application thereof to any person or circumstance, is in-
valid, the remaining provisions and the application of such
provisions to other persons or circumstances shall not be
affected thereby, the Mayor and City Council hereby de-
claring that they would have ordained the remaining pro-
visions of this ordinance without the word, phrase, clause,
item, sentence, paragraph or section, or the application
thereof, so held invalid.
Sec. 4. And be it ordained, That this ordinance shall take
effect from the date of its passage.
Approved October 18, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 870
(Council No. 1800)
An Ordinance to comply with the provisions of Paragraph
1400(d), Section 140, Chapter 14 of Article 32 of the
Baltimore City Code (1976 Edition), title "The Building
Code of Baltimore City", and to authorize an application
for a permit to construct an off-street parking garage on
the property bounded by Calvert Street, Centre Street,
Lot 7C (former bed of Hunter Street), and Monument
Street, within 300 feet of St. Ignatius Loyola Church.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That in compliance with the provisions of
Paragraph 1400(d), Section 140, Chapter 14 of Article 32
of the Baltimore City Code (1976 Edition), title "The
1046 ORDINANCES Ord. No. 871
Building Code of Baltimore City" the assent of the Mayor
and City Council of Baltimore be and the same is hereby
given to Chesapeake Life Insurance Company to make ap-
plication for a permit to construct an off-street parking
garage on the property bounded by Calvert Street, Centre
Street, Lot 7C (former bed of Hunter Street), and Monu-
ment Street, within 300 feet of St. Ignatius Loyola Church.
Except as in this ordinance specifically provided, all or-
dinances and all rules and regulations of the Mayor and
City Council of Baltimore shall be complied with in the
construction, erection and maintenance of said garage.
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved October 18, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 871
(Council No. 1802)
An Ordinance to waive Section 2131 of Article 32 of the
Baltimore City Code (1976 Edition), said article being
known generally as the Building Code of Baltimore City,
in order to permit the construction of supporting struc-
tures under certain right-of-ways adjacent to Lots 7 A
and 7B of the Mount Vernon Urban Renewal District,
said Lots bounded by Saint Paul Street, Centre Street,
Lot 7C (former bed of Hunter Street), and Monument
Street.
Section 1. Be it 'ordained by the Mayor and City Council
of Baltimore, That Section 2131 of Article 32 of the Balti-
more City Code (1976 Edition), said article being known
generally as the Building Code of Baltimore City, be waived
in order to permit the construction of supporting structures
extending one (1) foot, six (6) inches from the property
line on Monument Street into the right-of-way on Monument
Street, adjacent to Lot 7B of the Mount Vernon Urban
Renewal District, extending one hundred twenty-six (126)
ORDINANCES 1047
feet from the southeast corner of Monument Street and
Calvert Street along Monument Street, in an easterly di-
rection; the construction of supporting structures extending
three (3) feet from the property line on Calvert Street
into the right-of-way on Calvert Street, adjacent to said
Lot 7B, extending three hundred sixty-one (361) feet from
the southeast corner of Monument Street and Calvert Street
along Calvert Street in a Southerly direction; the construc-
tion of supporting structures extending two (2) feet, six
(6) inches from the property line on Monument Street into
the right-of-way on Monument Street, adjacent to Lot 7 A
of the Mount Vernon Urban Renewal District, extending
two hundred sixty-one (261) feet from the southeast corner
of Monument Street and Saint Paul Street along Monument
Street in an easterly direction; the construction of support-
ing structures extending two (2) feet, six (6) inches from
the property line on Saint Paul Street into the right-of-way
on Saint Paul Street, adjacent to said Lot 7 A, extending
three hundred sixty-seven (367) feet from the southeast
corner of Monument Street and Saint Paul Street along
Saint Paul Street in a southerly direction. All supporting
structures in the rights-of-way shall be below the respective
street levels. Said Lots 7A and 7B are bounded by Saint
Paul Street, Centre Street, Lot 7C (former bed of Hunter
Street) , and Monument Street. Except as in this ordinance
specifically provided, all ordinances and all rules and regu-
lations of the Mayor and City Council of Baltimore shall be
complied with in the construction and use of said structures.
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved October 18, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 872
(Council No. 1803)
An Ordinance to comply with the requirements of Subsec-
tion 1400(d), Section 140, Chapter 14 of Article 32 of
1048 ORDINANCES Ord. No. 873
the Baltimore City Code (1976 Edition) title "The Build-
ing Code of Baltimore City," and to authorize an appli-
cation for a permit to construct an off-street parking
garage for the storage of more than 3 motor vehicles at
601 N. Broadway within 300 feet of a hospital.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That in compliance with the provisions of
Subsection 1400(d), Section 140, Chapter 14 of Article 32
of the Baltimore City Code (1976 Edition), the assent of
the Mayor and City Council of Baltimore be and the same
is hereby given to £i*s4 National Sank JOHNS HOPKINS
HOSPITAL to make application for a permit to construct
a garage for the storage of more than 3 motor vehicles at
601 N. Broadway within 300 feet of a hospital. All ordi-
nances and regulations of the Mayor and City Council of
Baltimore shall be complied with in the construction and use
of the off-street parking garage.
Sec. 2. And be it farther ordained, That this ordinance
shall take effect thirty days from the date of its passage.
Approved October 18, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 873
(Council No. 1823)
An Ordinance to authorize the use of the properties known
as 14, 16, 18, 20, 22 and 24 South Stockton Street, as out-
lined in red on the plats accompanying this ordinance, for
an open air off-street parking facility in the B-2-3 Zoning
District, pursuant to Sections 6.2-ld and 11.0-6d of Article
30 of the Baltimore City Code (1976 Edition), title "The
Zoning Ordinance of Baltimore City" (Ordinance No.
1051) approved April 20, 1971.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the properties known as 14, 16, 18, 20,
ORDINANCES 1049
22 and 24 South Stockton Street, as outlined in red on the
plats accompanying this ordinance, be and they are hereby
authorized for use as an open air off-street parking facility
in the B-2-3 Zoning District, pursuant to Sections 6.2-ld
and 11.0-6d of Article 30 of the Baltimore City Code (1976
Edition), title 'The Zoning Ordinance of Baltimore City"
(Ordinance No. 1051) approved April 20, 1971.
Sec. 2. And be it further ordained, That upon passage of
this ordinance by the City Council, as evidence of the au-
thenticity of the plat which is a part hereof and in order to
give notice to the departments which are administering the
Zoning Ordinance, the President of the City Council shall
sign the plat, and when the Mayor approves the ordinance,
he shall sign the plat. The City Treasurer shall then trans-
mit a copy of the ordinance and one of the plats to the fol-
lowing: the Board of Municipal and Zoning Appeals, the
Planning Commission, the Commissioner of the Department
of Housing and Community Development, the Commissioner
of Transit and Traffic, and the Zoning Administrator.
Sec. 3. And be it further ordained, That this ordinance
shall take effect thirty days from the date of its passage.
Approved October 18, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 874
(Council No. 1532)
An Ordinance to comply with the requirements of Sections
4.8-ld-l and 11.0-6d of Article 30, title "The Zoning
Ordinance of Baltimore City" (Ordinance 1051 of 1971)
and Section 1 of Article 12, title "Hospitals," of the
Baltimore City Code (1976 Edition), and to authorize
the establishment of a nursing home by Queen Esther
Hayes on certain premises located at 1501-1513 N. Gilmor
Street, subject to final licensure by the State Department
of Health and Mental Hygiene.
1050 ORDINANCES Ord. No. 875
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That in compliance with the provisions of
Sections 4.8-ld-l and 11.0-6d of Article 30, title "The Zon-
ing Ordinance of Baltimore City" (Ordinance 1051 of
1971) and Section 1 of Article 12, title "Hospitals," of the
Baltimore City Code (1976 Edition), the assent of the
Mayor and City Council of Baltimore is given to Queen
Esther Hayes for the establishment of a nursing home on
the premises located at 1501-1513 N. Gilmor Street, sub-
ject to final licensure by the State Department of Health
and Mental Hygiene.
All ordinances and regulations of the Mayor and City
Council of Baltimore shall be complied with in the estab-
lishment and operation of this nursing home.
Sec. 2. And be it further ordained, That upon passage of
this ordinance by the City Council, as evidence of the au-
thenticity of the plat which is a part hereof, and in order
to give notice to the departments which are administering
the Zoning Ordinance, the President of the City Council
shall sign the plat, and when the Mayor approves the
ordinance he shall sign the plat. The City Treasurer shall
then transmit a copy of the ordinance and one of the plats
to the following: the Board of Municipal and Zoning Ap-
peals, the Planning Commission, the Commissioner of the
Department of Housing and Community Development, the
Commissioner of Transit and Traffic, and the Zoning Ad-
ministrator.
Sec. 3. And be it further ordained, That this ordinance
shall take effect thirty days from the date of its passage.
Approved October 19, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 875
(Council No. 1799)
An Ordinance to waive Paragraphs 2132 and 2138 of Article
32 of the Baltimore City Code (1976 Edition), said Ar-
ORDINANCES 1051
tide being known generally as the Building Code of Bal-
timore City, in order to permit the construction and
maintenance of projecting stairways and planter not more
than six feet from the future plaza area of the Equitable
Bank Center into Charles Street on the east and Lombard
Street on the north in the Inner Harbor West Project.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That Paragraphs 2132 and 2138 of Article 32
of the Baltimore City Code (1976 Edition), said Article
being known generally as the Building Code of Baltimore
City, be waived in order to permit the construction and
maintenance of projecting stairways and planter not more
than six (6) feet from the future plaza area of the Equitable
Bank Center into Charles Street on the east and Lombard
Street on the north in the Inner Harbor West Project.
Except as in this ordinance specifically provided, all ordi-
nances and all rules and regulations of the Mayor and City
Council of Baltimore shall be complied with in the construc-
tion and use of said stairways and planter.
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved October 19, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 876
(Council No. 1841)
An Ordinance authorizing the Mayor and City Council of
Baltimore to sell at either public or private sale in ac-
cordance with Article V, Section 5(b) of the City Charter,
all of the interests of the Mayor and City Council of Bal-
timore in and to that parcel of land and improvements
described as follows:
Beginning for the same at a point on the northeast side
of Northern Parkway, formerly, Maple Avenue, at the
1052 ORDINANCES Ord. No. 876
distance of 60.28 feet southeasterly from the northeast
corner of Northern Parkway and Everall Avenue,
formerly Evergreen Avenue, said point being" formed
by the intersection of the northeast side of said Northern
Parkway and the northwest side of Walther Avenue,
as proposed 100 feet wide, and running thence binding
on the northwest side of said Walther Avenue, as pro-
posed, north 33 degrees 24 minutes 00 seconds east 108.00
feet to intersect the second line of the parcel of land
conveyed by Alexander Herold and Wife to Henry John
Weber by deed dated November 27, 1954, and recorded
among the land records of Baltimore City in Liber M.L.P.
No. 9652, Folio 54; thence binding on part of the second
line of said deed and on the third, fourth and part of
the fifth lines of said deed the four following courses and
distances, namely, south 74 degrees 43 minutes 30 seconds
east 93.0 feet, south 39 degrees 30 minutes 00 seconds
west 17.35 feet, south 38 degrees 49 minutes 00 seconds
west 100.36 feet and north 71 degrees 21 minutes 30
seconds west 83.0 feet to the place of beginning. Contain-
ing 8992.0 square feet of land, more or less, (27-4-5570F-
6D), Baltimore, Maryland, said property being no longer
needed for public use.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the Comptroller of Baltimore City be
and he is hereby authorized to sell at either public or pri-
vate sale in accordance with Article V, Section 5(b) of the
City Charter, all of the interests of the Mayor and City
Council of Baltimore in and to that parcel of land situate
in Baltimore, Maryland and described as aforesaid. Said
property being no longer needed for public use.
SEC. 2. And be it further ordained, That no deed or deeds
shall pass in accordance herewith until the same shall have
been first approved by the City Solicitor.
SEC. 3. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved October 19, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
ORDINANCES 1053
No. 877
(Council No. 1864)
An Ordinance to repeal Ordinance No. 1184, approved De-
cember 2, 1967, thereby withdrawing a franchise that
permitted and authorized the A. Sindler Furniture Com-
pany, a body corporate of the State of Maryland, to
construct and maintain a bridge-way above a certain
street.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, that Ordinance No. 1184, approved December
2, 1967, be and the same is hereby repealed; provided how-
ever, that no claims, charges, and/or liabilities which have
arisen, accrued, or become due under or by virtue of said
ordinance at 'any time or times prior to the passage and
approval of this ordinance shall be in any way affected by
the repeal of said ordinance.
Sec. 2. And be it further ordained, That this ordinance
shall take effect thirty days from the date of its passage.
Approved October 19, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 878
(Council No. 1895)
An Ordinance providing for reserved parking on the east
side of Wilmington Avenue near Benson Avenue for
Thomas W. Hamill.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That on the east side of Wilmington Avenue,
from a point 144 feet south of Benson Avenue to a point 175
feet south of Benson Avenue, parking is reserved for
Thomas W. Hamill.
1054 ORDINANCES Ord. No. 879
Sec. 2. And be it further ordained, That this ordinance
shall take effect on the day of its passage.
Approved October 19, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 879
(Council No. 1745)
An Ordinance to repeal and reordain with amendments
Sections 106(2) and (3), 112(3), and 113(5) of Article
31 of the Baltimore City Code (1976 Edition), title
'Transit and Traffic"; to repeal Sections 107(1), (2),
and (3) of said Article 31 and ordain in lieu thereof
Sections 107(1) and (2); to repeal Section 108(1) of
said Article 31 and ordain in lieu thereof new Section
108(1) ; and to add to said Article 31 new Sections 102(3)
and (4), 103 (2a) and (5a), 105(1), 106 (3a), 112 (2a),
113(5a), 116(la), (lb), and (lc), 119 (2a), and 120(1);
deleting certain areas as impounding areas; and desig-
nating certain areas as impounding areas.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That Sections 106(2) and (3), 112(3), and
113(5) of Article 31 of the Baltimore City Code (1976 Edi-
tion), title 'Transit and Traffic", subtitle "Clear Streets",
be and they are hereby repealed and reordained with
amendments to read as follows :
106. F Streets.
[(2) Fayette Street, both sides, from Holliday Street to
Greene Street. (3) Fayette Street, northerly side, from
Greene Street to Monroe Street.] (2) Fayette Street, south-
erly side, from Gay Street to Greene Street. (3) Fayette
Street, northerly side, from Gay Street to Fulton Avenue.
112. L Streets.
[(3) Lexington Street, both sides, from Holliday Street to
Pearl Street.] (3) Lexington Street, both sides, from Gay
Street to Pearl Street.
ORDINANCES 1055
113. M Streets.
[(5) Mt. Royal Avenue, northerly side, from Guilford
Avenue to Maryland Avenue.] (5) Mt. Royal Avenue,
northerly side, from North Avenue to Guilford Avenue.
Sec. 2. And be it further ordained, That Sections
107(1), (2), and (3) of Article 31 of the Baltimore City
Code (1976 Edition), title "Transit and Traffic", subtitle
"Clear Streets", be and they are hereby repealed and new
Sections 107(1) and (2) are hereby ordained in lieu
thereof to read as follows :
107. G Streets.
![(1) Gay Street, both sides, from Pratt Street to Fayette
Street. (2) Gay Street, easterly side, from Colvin Street
to North Avenue. (3) Gay Street, westerly side, from
Ashland Avenue to North Avenue.] (1) Gay Street, both
sides, from Pratt Street to Orleans Street. (2) Gay Street,
both sides, from Broadway to North Avenue.
Sec. 3. And be it further ordained. That Section 108(1)
of Article 31 of the Baltimore City Code (1976 Edition),
title "Transit and Traffic", subtitle "Clear Streets", be and
it is hereby repealed and new Section 108(1) is hereby
ordained in lieu thereof to read as follows :
108. H Streets.
[(1) Holliday Street, easterly side, from Baltimore Street
to Fayette Street.] (1) Hillen Street, both sides, from Hol-
liday Street to Ensor Street.
Sec. 4. And be it further ordained, That new Sections
102(3), 102(4), 103 (2a), 103 (5a), 105(1), 106 (3a),
112(2a), 113(5a), 116(la), 116(lb), 116(c), 119(2a), and
120(1) be and they are hereby added to Article 31 of the
Baltimore City Code (1976 Edition), title "Transit and
Traffic", subtitle "Clear Streets", to read as follows:
102. B Streets.
(3) Belair Road, both sides, from North Avenue to Sin-
chair Lane. (V Broening Highway, both sides, from Cardiff
Avenue to Colgate Creek Bridge.
1056
ORDINANCES
Ord. No. 879
103. C Streets.
(2a) Cathedral Street, easterly side, from Biddle Street
to Mt. Royal Avenue. (5a) Charles Street, both sides, from
Pratt Street to Fayette Street.
105. E Streets.
(1) Edmondson Avenue, both sides, from Franklin Street
to Hilton Street.
106. F Streets.
(3a) Fayette Street, both sides, from Fallsway to Fred-
erick Street.
112. L Streets.
(2a) Lanvale Street, northerly side, from Maryland Ave-
nue to Charles Street.
113. M Streets.
(5a) Mt. Royal Avenue, southerly side, from North Ave-
nue to Maryland Avenue.
116. P Streets.
(la) Park Avenue, both sides, from Baltimore Street to
Centre Street, (lb) Park Avenue, easterly side, from Centre
Street to Biddle Street.
(1c) Pimlico Race Track Area. That area in the general
vicinity of Pimlico Race Track bounded by a point begin-
ning at the intersection of Greenspring Avenue and Oakley
Avenue and continuing westerly on Oakley Avenue to its
point of intersection with Park Heights Avenue; north on
Park Heights Avenue to its point of intersection with Glen
Avenue; east on Glen Avenue and Cross Country Boulevard
and then continuing south on Cross Country Boulevard to
its point of intersection with Greenspring Avenue and
south on Greenspring Avenue to the point of beginning
including Hayward Avenue from Park Heights Avenue to
Reisterstown Road, but excluding Park Heights Avenue,
at such locations as the Department of Transit and Traffic
shall erect signs setting forth a parking prohibition to-
gether with the legend uCars Towed Away" ; except that
this subtitle (1) shall not be effective on Preakness Day;
ORDINANCES 1057
and (2) shall be effective in this area only during meets at
Pimlico Race Track.
119. S Streets.
(2a) Saratoga Street, both sides, from Holliday Street
to Greene Street.
120. T Streets.
(1) Thirty-third Street, both sides, from St. Paid Street
to Ellerslie Avenue.
Sec. 5. And be it further ordained, That the Department
of Transit and Traffic shall set forth a list of the streets
posted in accordance with Section 116 (lc) together with
the times during which parking is to be prohibited on each
street. Copies of said list will be supplied by the Depart-
ment of Transit and Traffic to any interested parties.
Sec. 6. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved October 30, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 880
(Council No. 1777)
An Ordinance authorizing the Mayor and City Council of
Baltimore to sell at either public or private sale in ac-
cordance with Article V, Section 5(b) of the City Char-
ter, all of the interest of the Mayor and City Council of
Baltimore in and to that parcel of land known as a por-
tion of 5/7 S. Eutaw Street, Lot 26, Block 655, Baltimore,
Maryland, said property being no longer needed for pub-
lic use.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the Comptroller of Baltimore City be
and he is hereby authorized to sell at either public or private
1058 ORDINANCES Ord. No. 880
sale in accordance with Article V, Section 5(b) of the City
Charter, all of the interest of the Mayor and City Council
of Baltimore in and to that parcel of land situate in Balti-
more, Maryland, and described as follows :
Beginning for the same at a point on the east side of
Eutaw Street, as now laid out, said point of beginning being
distant 41.5 feet southerly, measured along the east side of
said Eutaw Street from Redwood Street, as now laid out,
said point of beginning also being the beginning of the
tenth parcel of land described in a deed conveyed by the
Warner-Lambert Pharmaceutical Company to the Mayor
and City Council of Baltimore "Et al" by deed dated March
13, 1968 and recorded among the Land Records of Balti-
more City in Liber R.H.B. No. 2379, Folio 401, and running
thence easterly binding in part on the north side of a wall,
there situate, in part on the line of the north side of said
wall if projected easterly, and in all, on the second line of
the second parcel of land conveyed by Mary Brownstein
"Et al" to Gilbert Sapperstein "Et al" by deed dated De-
cember 22, 1975 and recorded among the said Land Records
in Liber R.H.B. No. 3316, Folio 587, and also reversely on
the last line of the parcel of land described in the deed men-
tioned firstly herein, Easterly 50.38 feet to the centerline
of a 3 foot alley, as now laid out, if projected southerly;
thence binding on last said line so projected and reversely
on the fifth line of the tenth parcel of land described in the
deed mentioned firstly herein, Southerly 2.2 feet, more or
less, to intersect the south side of a wall, there situate;
thence binding on the south, east and west sides of said
wall, the five following courses and distances; namely,
Westerly 2 feet, more or less, Northerly 1 foot, more or
less, Westerly 47.5 feet, more or less, Southerly 0.5 feet,
more or less, and Westerly 0.9 feet, more or less, to intersect
the east side of said Eutaw Street and thence binding on
the east side of said Eutaw Street and reversely on part of
the first line of the tenth parcel of land described in the
deed mentioned firstly herein, to the beginning thereof,
Northerly 1.7 feet, more or less, to the place of beginning.
Containing 63 square feet of land, more or less, and being
known as a portion of 5/7 S. Eutaw Street, Lot 26, Block
655.
ORDINANCES 1059
Said property being no longer needed for public use.
Sec. 2. Be it further ordained, That no deed or deeds shall
pass in accordance herewith until the same shall have been
first approved by the City Solicitor.
Sec. 3. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved October 30, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 881
(Council No. 1926)
An Ordinance providing for reserved parking on the east
side of Hunter Street between Monument and Madison
Streets for certain persons attending Traffic Court.
Section 1. Be it ordained by the Mayor and City Council
Monument Street to Madison Street, parking is reserved
for police officers and members of the State's Attorneys
Office and the Public Defenders Office attending Traffic
Court.
Sec. 2. And be it further ordained , That this ordinance
shall take effect on the date of its passage.
Approved October 30, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 882
(Council No. 1986)
An Ordinance providing for a supplementary general fund
appropriation in the amount of One Hundred Fifty
1060 ORDINANCES Ord. No. 882
Thousand Dollars ($150,000) to the Urban Services
Agency to be used for rehabilitating property located at
904 Washington Boulevard and identified as Ward 7,
Section 3, Block 1566, Lot 79 in Baltimore City, in ac-
cordance with the provisions of Article VI, Section
2(h) (3) of the Baltimore City Charter (1964 Revision).
Whereas, the money appropriated herein represents fi-
nal payment for the Model Cities Grant from the Depart-
ment of Housing and Urban Development which has be-
come a part of the general revenue of the City in excess
of the revenues estimated and relied upon by the Board of
Estimates in determining the tax levy required to balance
the budget for the 1979 fiscal year and are therefore avail-
able for appropriation as provided in Article VI, Section
2(i) of the 1964 revised Charter of Baltimore City; and
Whereas, the additional sum here appropriated is for
a new program which could not reasonably be anticipated
at the time of formulation of the proposed Ordinance of
Estimates for the 1979 fiscal year, in accordance with
Article VI, Section 2(h) (3) of said Charter; and
Whereas, the supplementary general fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
4th day of October, 1978, all in accordance with Article
VI, Section 2(h) (3) of said Charter.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2 of the 1964 revision of the Charter of Baltimore
City, the sum of One Hundred Fifty Thousand Dollars
($150,000) shall be made available to the Urban Services
Agency of the City of Baltimore as a supplementary gen-
eral fund appropriation for the fiscal year ending June 30,
1979 for the purpose of rehabilitating property located at
904 Washington Boulevard, and identified as Ward 7, Sec-
tion 3, Block 1566, Lot 79 in Baltimore City. The amount
thus made available as a supplementary general fund ap-
propriation shall be expended from surplus general funds
of the Mayor and City Council of Baltimore representing
final payment for the Model Cities Grant from the Depart-
ORDINANCES 1061
ment of Housing and Urban Development; and said funds
from said surplus shall be the source of revenue for this
supplementary general fund appropriation, as required by
Article VI, Section 2 of the 1964 revised Charter of Balti-
more City.
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved October 30, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 883
(Council No. 1987)
An Ordinance providing for a supplementary general fund
appropriation in the amount of Fifty Thousand Dollars
($50,000) to the Urban Services Agency to be used for
rehabilitating two properties located in the Greenmount-
West Urban Renewal Area of Baltimore City, in accord-
ance with the provisions of Article VI, Section 2(h) (3)
of the Baltimore City Charter (1964 Revision).
Whereas, the money appropriated herein represents fi-
nal payment for the Model Cities Grant from the Depart-
ment of Housing and Urban Development which has be-
come a part of the general revenue of the City in excess
of the revenues estimated and relied upon by the Board of
Estimates in determining the tax levy required to balance
the budget for the 1979 fiscal year and are therefore
available for appropriation as provided in Article VI, Sec-
tion 2(i) of the 1964 revised Charter of Baltimore City;
and
Whereas, the additional sum here appropriated is for a
new program which could not reasonably be anticipated at
the time of formulation of the proposed Ordinance of Esti-
mates for the 1979 fiscal year, in accordance with Article
VI, Section 2(h) (3) of said Charter; and
1062 ORDINANCES Ord. No. 884
Whereas, the supplementary general fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
4th day of October, 1978, all in accordance with Article
VI, Section 2(h) (3) of said Charter.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2 of the 1964 revision of the Charter of Baltimore
City, the sum of Fifty Thousand Dollars ($50,000) shall
be made available to the Urban Services Agency of the
City of Baltimore as a supplementary general fund appro-
priation for the fiscal year ending June 30, 1979 for the
purpose of rehabilitating two properties located in the
Greenmount-West Urban Renewal Area of Baltimore City.
The amount thus made available as a supplementary gen-
eral fund appropriation shall be expended from surplus
general funds of the Mayor and City Council of Baltimore
representing final payment for the Model Cities Grant
from the Department of Housing and Urban Development ;
and said funds from said surplus shall be the source of
revenue for this supplementary general fund appropria-
tion, as required by Article VI, Section 2 of the 1964 re-
vised Charter of Baltimore City.
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved October 30, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 884
(Council No. 1746)
An Ordinance to add new Section 53 A to Article 31 of the
Baltimore City Code (1976 Edition), title "Transit and
Traffic", new subtitle "Limited Access Highways", pro-
hibiting stopping on limited access highways.
ORDINANCES 1063
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That new Section 53A be and it is hereby-
added to Article 31 of the Baltimore City Code (1976
Edition) , title "Transit and Traffic", to be under new sub-
title "Limited Access Highways", and to read as follows :
Limited Access Highways
53 A. Stopping prohibited.
No vehicle shall be permitted to stop at any limited
access highway withm the confines of Baltimore City.
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved October 31, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 885
(Council No. 1835)
An Ordinance to approve the application of John J. Ger-
menko, owner of the property lying north of West
Patapsco Avenue, west of Magnolia Avenue and including
3100 Viona Avenue, consisting of 14 acres, more or less,
to have said property designated an Industrial Planned
Development in accordance with Sections 12.0-1 and
12.0-5 of Article 30 of the Baltimore City Code (1976
Edition) ; and to approve the Development Plan sub-
mitted by John J. Germenko, subject to the condition
that in addition to the modification procedures outlined
in Section 12.0-lb of the Zoning Code, future uses will be
subject to design approval by the Planning Commission.
Whereas, John J. Germenko is the owner of the property
lying north of West Patapsco Avenue, west of Magnolia
Avenue and including 3100 Viona Avenue, consisting of 14
acres, more or less; and
1064 ORDINANCES Ord. No. 885
Whereas, on June 16, 1978, John J. Germenko met with
the Department of Planning of Baltimore City, to hold a
Pre-Petition Conference to explain the scope and nature of
existing- and proposed development on the property in order
to institute proceedings to have said property designated
an Industrial Planned Development; and
Whereas, together herewith John J. Germenko made
formal application to the City Council of Baltimore City
and has submitted the requisite development plan, includ-
ing the following: Existing outline and topography, Plat
No. 1, Revised June 19, 1978; Development Plat — Parcel
2, Plat No. 2, Revised June 19, 1978; and Plans, elevation
and section, Proposed Building for 4D Incorporated, June
21, 1978; intended to satisfy the requirements specified in
Sections 12.0-1 and 12.0-5 of Article 30 of the Baltimore
City Code (1976 Edition) ; now therefore
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the application of John J. Germenko,
owner of the property lying north of West Patapsco Ave-
nue, west of Magnolia Avenue, and including 3100 Viona
Avenue, consisting of 14 acres, more or less, as outlined in
the Development Plan accompanying this ordinance to des-
ignate said property an Industrial Planned Development
pursuant to Article 30, Sections 12.0-1 and 12.0-5 of the
Baltimore City Code (1976 Edition), be and it is hereby
approved.
Sec. 2. And be it further ordained, That the Development
Plan submitted by John J. Germenko, attached hereto and
made a part hereof, be and it is hereby approved subject to
the following condition:
In addition to the modification procedures outlined in
Section 12.0-lb of the Zoning Code, future uses will be sub-
ject to design approval by the Planning Commission.
Sec. 3. And be it further ordained, That upon passage of
this ordinance by the City Council, as evidence of the au-
thenticity of the Development Plan which is a part hereof
and in order to give notice to the departments which are
administering the Zoning Ordinance, the President of the
City Council shall sign the Development Plan, and when the
ORDINANCES 1065
Mayor approves the ordinance, he shall sign the Develop-
ment Plan. The City Treasurer shall then transmit a copy
of the ordinance and the Development Plan to the Board
of Municipal and Zoning Appeals, the Planning Commission,
and the Zoning Administration.
Sec. 4. And be it further ordained, That this ordinance
shall take effect thirty days from the date of its passage.
Approved October 31, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 886
(Council No. 1845)
An Ordinance providing reserved parking on the south side
of Walrad Avenue near Yale Avenue for George Cover.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That on the south side of Walrad Avenue,
from a point approximately 92 feet east of Yale Avenue to
a point approximately 117 feet east of Yale Avenue, parking
is reserved for George Cover.
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved October 31, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 887
(Council No. 1985)
An Ordinance authorizing and providing for the issuance
from time to time, by The Mayor and City Council of
1066 ORDINANCES Ord. No. 887
Baltimore, Maryland of its revenue bonds, designated
"Port Facilities Revenue Bonds (Indiana Farm Bureau
Cooperative Association, Inc. Project)" in an aggregate
principal amount not exceeding $14,000,000 pursuant to
the provisions of Sections 266A through 266-1, inclusive,
of Article 41 of the Annotated Code of Maryland (1978
Replacement Volume, as amended) in order to loan the
proceeds to Indiana Farm Bureau Cooperative Associa-
tion, Inc., an Indiana corporation, for the sole and ex-
clusive purpose of financing the acquisition of certain
port facilities in the City of Baltimore as provided in
this ordinance; making certain legislative findings,
among others, concerning the public benefit and pur-
pose of the revenue bonds; providing that such revenue
bonds (a) shall be payable solely and only from revenue
derived from payments to the City on account of such
loan and (b) shall not ever constitute within the mean-
ing of any constitutional or charter provision or other-
wise (i) an indebtedness of Mayor and City Council of
Baltimore, or any other political subdivision or (ii) a
charge against the general credit or taxing powers of
such City ; providing that this ordinance shall constitute
a binding and enforceable commitment by such City to
issue the revenue bonds so authorized; authorizing the
private sale of such revenue bonds; providing that cer-
tain matters pertaining to such revenue bonds, including
(without limitation) amounts and dates of any series of
such revenue bonds and maturity or maturities, shall be
determined administratively at or prior to the time of
such private sale of any series of such revenue bonds
by resolution of the City Council of Baltimore approved
by the Mayor or Acting Mayor of Baltimore ; delegating
various matters to the Commissioners of Finance of the
City, including (without limitation) the sale of any
series of such revenue bonds, the establishment of the
interest rate or rates, sinking fund requirements, and
redemption provisions at the time of such private sale
and the appointment of a trustee to act under the ordi-
nance as a trustee for all moneys received by the City
hereunder; providing that such City Council may de-
termine administratively by resolution or by other ap-
propriate action all other matters pertaining to the issu-
ance, sale and delivery of any series of such revenue
ORDINANCES 1067
bonds, including (without limitation) the provisions of
trust between the City and the trustee, the execution of
a loan agreement, the creation of a loan or construction
fund to be held by the trustee and provision for its
disbursement, provision for the investment of moneys
held by the trustee, provision of remedies for bond-
holders in the event of default, and provision for the
enactment of supplemental ordinances and resolutions;
and generally providing for and determining various
matters in connection with the authorization, issuance,
security, sale and payment of such revenue bonds.
RECITALS
Sections 266A through 266-1, inclusive, of Article 41 of
the Annotated Code of Maryland (1978 Replacement
Volume), as re-enacted, with amendments, by Chapter
352 of the Laws of Maryland of 1972 and as amended
by Chapter 396 of the Laws of Maryland of 1973, Chap-
ter 342 of the Laws of Maryland of 1975, Chapter 421
of the Laws of Maryland of 1976, Chapters 348 and 528
of the Laws of Maryland of 1977, and Chapters 816,
945, 946, and 953 of the Laws of Maryland of 1978
(collectively, the "Enabling Legislation") constitute
those provisions of Maryland law authorizing the issu-
ance of industrial revenue bonds by all the counties and
municipalities of the State of Maryland (the "State").
The Enabling Legislation now empowers the counties and
municipalities of the State (including the Mayor and
City Council of Baltimore) to issue revenue bonds and
to loan the proceeds of the sale of such revenue bonds
to a port facility tenant or purchaser to finance the ac-
quisition (including the rehabilitation, remodeling, ex-
tension, or permanent improvement) by such port fa-
cility tenant or purchaser of port facilities (including
elevators and other facilities, appurtenances, and equip-
ment necessary or useful in connection with the opera-
tion of a modern port). The Enabling Legislation de-
clares it to be the legislative purpose to relieve condi-
tions of unemployment in the State, to encourage the
increase of industry and a balanced economy in the
State, to assist in the retention of existing industry in
1068 ORDINANCES Ord. No. 887
the State, to promote economic development, and in this
manner to promote the health, welfare, and safety of
the residents of each of the counties and municipalities
of the State.
Mayor and City Council of Baltimore (the "City") has
determined to issue and sell not exceeding $14,000,000
aggregate principal amount of its revenue bonds, here-
inafter designated "Port Facilities Revenue Bonds (In-
diana Farm Bureau Cooperative Association, Inc. Proj-
ect)" (the "Bonds") and to loan the proceeds of such
Bonds to Indiana Farm Bureau Cooperative Association,
Inc., an Indiana corporation and a port facility tenant
or purchaser as mentioned in the Enabling Legislation
(the "Association"), on the terms and conditions to be
set forth in a loan agreement executed pursuant to this
ordinance (the "Loan Agreement") in order to finance
a port facilities project in the City as described below
(the "Project").
The Project consists of the reconstruction, including the
rehabilitation, remodeling, extension, and permanent im-
provement, of certain portions of a grain elevator situ-
ated adjacent to a pier leased to the Association by the
Maryland Port Authority which is located at the inter-
section of Andre and Beasons Streets in the City of
Baltimore. The Project includes the modernization and
reconstruction of the Association's existing grain han-
dling and storage facilities and the construction and
acquisition of additional facilities for the handling, load-
ing, unloading, storage, and transshipment of grain for
export, including the acquisition and construction of
storage tanks, scales, conveyor systems, dust control
systems, and related electrical and lighting equipment,
instrumentation, and computer and communications sys-
tems. The Project may be completed in several stages,
all or any of which may be financed through the issuance
of Bonds at one time or from time to time as authorized
herein.
The Association has developed estimates of the cost of the
Project based on existing technology and regulations to-
gether with presently available studies, cost data and
other relevant information. Experience in the financing
ORDINANCES 1069
of such projects has demonstrated that developing tech-
nology, changing requirements of Federal and State
regulatory agencies, changing economic circumstances,
and substantial inflation in acquisition costs, among
other matters, often render the initial estimate of the
cost of such projects inadequate. Accordingly, the City
has determined to authorize the issuance of the Bonds in
an amount exceeding the presently estimated cost of the
Project, with the intention that no series of Bonds shall
be issued pursuant to this ordinance in an amount in
excess of the cost of the Project being financed by such
Bonds as estimated at the time of the issuance of such
Bonds. (Such cost may include, without limitation, un-
derwriting discount, interest during construction, if any,
and financing costs such as fees of attorneys, accountants
and other consultants.)
This ordinance authorizes a transaction which the Asso-
ciation proposed to the City by a letter of intent dated
September 29, 1978, in accordance with Section 266B(d)
of the Enabling Legislation.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, that, acting pursuant to the Enabling Legis-
lation, it is hereby found and determined, as follows :
(1) The issuance of revenue bonds by the City pursuant
to the Enabling Legislation in order to loan the proceeds
to the Association for the sole and exclusive purpose of
acquiring port facilities within the meaning of the En-
abling Legislation will facilitate and expedite the acquisi-
tion of such port facilities by the Association;
(2) The accomplishment of the transactions contem-
plated and authorized by this ordinance, including (with-
out limitation) the completion of the Project by the Asso-
ciation and the financing thereof will (i) sustain jobs and
employment, thereby relieving conditions of unemployment
in the State and in the City; (ii) encourage the increase
of industry and a balanced economy in the State and in
the City; (iii) assist in the retention of existing industry
in the State and in the City; (iv) promote economic de-
velopment; and (v) promote the health, welfare and safety
of the residents of the City and of the State;
1070 ORDINANCES Ord. No. 887
(3) In addition to authorizing the City itself to acquire
and either to lease or to sell such facilities to a port fa-
cility tenant or purchaser, the Enabling Legislation, as an
alternative procedure, authorizes port facilities financing
to be accomplished in the form of a loan to the Associa-
tion. The loan form of transaction avoids indirect costs
and burdens on the City by not requiring any direct in-
volvement by the City in the construction, ownership or
administration of such facilities; however, it permits con-
trols to be imposed on the use of the proceeds of the Bonds
to insure that the public purposes of the Enabling Legisla-
tion and the Bonds are fully accomplished. It is, therefore,
in the best interests of the citizens of the City to finance
the Project by a loan to the Association. This ordinance
contemplates and authorizes a transaction in the form of
a loan of the proceeds of the Bonds by the City to the
Association, rather than a transaction in the form of a
lease or sale. Accordingly, this ordinance and the Loan
Agreement hereby authorized contained such provisions as
the City deems appropriate to effect the financing of the
Project by the loan form of transaction.
(4) Neither the Bonds nor interest coupons issued under
the authority of the Enabling Legislation constitute an
indebtedness of the City or a charge against the general
credit or taxing powers of the City within the meaning of
any constitutional provision or provisions of the City
Charter or statutory limitation and shall never constitute
or give rise to any pecuniary liability of the City. The
principal amount of the loan and the payments to be made
by the Association pursuant to the Loan Agreement will
be paid directly to, and will be disbursed by, the inde-
pendent trustee appointed by the Commissioners of Finance
of the City pursuant hereto; no such moneys will be com-
mingled with the City's funds or be subject to the absolute
control of the City but only to such limited supervision
and checks as are deemed necessary or desirable to insure
that the proceeds of the Bonds are used to accomplish the
public purposes of the Enabling Legislation and this ordi-
nance. The Enabling Legislation provides that a loan form
of transaction thereunder shall not constitute a capital
project within the meaning of any charter or statutory
provision. The public purposes expressed in the Enabling
ORDINANCES 1071
Legislation are intended to be achieved by facilitating the
acquisition of port facilities by the Association.
(5) Except insofar as is necessary or desirable to facili-
tate the creation of any security for the Bonds, the City
will acquire no interest in the Project. The security for the
Bonds shall be solely and exclusively the absolute, irrevoc-
able, unconditional obligation of the Association to make
the payments required by the Loan Agreement, together
with such other security, if any, as may be provided in a
resolution adopted prior to the delivery of the Bonds. This
ordinance definitely fixes and determines that the amount
of revenue necessary to be set apart and applied to the
payment of principal, interest and premium of the Bonds
shall be the entire amount of the receipts and revenues of
the City from payments under the Loan Agreement except
for any rights of the City to indemnification and to pay-
ments for the City's administrative expenses.
(6) (a) No part or proportion of the receipts and reve-
nues of the City from the loan shall be set aside as a de-
preciation account (mentioned in the Enabling Legisla-
tion) since such a depreciation account would (i) be in-
consistent with the loan form of transactions authorized
hereby and (ii) place an unreasonable burden on the Asso-
ciation so as to adversely affect the feasibility of the trans-
actions and thus frustrate the legislative purposes of the
Enabling Legislation and (b) a covenant such as that per-
mitted by Section 266G(c) of the Enabling Legislation
would be similarly inconsistent with the loan form of
transaction authorized hereby in the event Bondholders do
not obtain or retain any security interest in the Project.
Such a covenant is, therefore, a procedure which does not
appear to be contemplated by the Enabling Legislation in
connection with this transaction.
Sec. 2. And be it further ordained, that this ordinance
is intended to be, and shall constitute, a binding and en-
forceable commitment by the City to the Association to
issue and deliver the Bonds authorized hereby in accord-
ance with the terms hereof. It is contemplated that the
Association may proceed with the Project prior to the is-
suance and delivery of the Bonds authorized hereby in
reliance upon the enactment of this ordinance by the City.
1072 ORDINANCES Ord. No. 887
Sec. 3. And be it further ordained, that the issuance,
sale and delivery of not exceeding $14,000,000 aggregate
principal amount of revenue bonds, hereby designated
"Port Facilities Revenue Bonds (Indiana Farm Bureau
Cooperative Association, Inc. Project)", are hereby au-
thorized, subject to the provisions of this ordinance, such
Bonds to be solely and exclusively payable from, and se-
cured by, the revenue derived from payments on the loan
to the Association as provided herein. The aggregate prin-
cipal amount of Bonds issued, sold and delivered pursuant
to this ordinance shall not exceed $14,000,000 unless such
amount shall be increased by an ordinance supplemental
hereto.
The City Council hereby recognizes the function of the
Mayor and the Commissioners of Finance in making the
executive and administrative determinations necessary for
the issuance of bonds of the City. However, the Enabling
Legislation constitutes a public general law of the State
of Maryland to which the provisions of the Baltimore City
Charter are subject. The Enabling Legislation, moreover,
provides that the legislative body of the City shall make
various determinations in connection with the authoriza-
tion, issuance and sale of the Bonds. This ordinance, there-
fore, provides that the City Council shall make certain
administrative determinations in connection with the issu-
ance and sale of the Bonds, such determinations to be
effective only after approval by the Mayor or Acting
Mayor. Thus, the purpose and intent of both the Baltimore
City Charter and the Enabling Legislation will be accom-
plished by requiring action of both the City Council and
the Mayor or Acting Mayor to accomplish the final issuance
and sale of the Bonds.
The Bonds authorized by this ordinance may be issued
in one or more series, and each such series shall be identi-
fied by a letter designation, so that the first series (if the
issuance of more than one series of Bonds hereunder is
then contemplated) shall be designated "Port Facilities
Revenue Bonds (Indiana Farm Bureau Cooperative Asso-
ciation, Inc. Project), Series A". The Bonds may be fur-
ther identified by the year of issue or such other appro-
priate designation as the City Council may determine by
resolution adopted prior to the delivery of the Bonds. The
ORDINANCES 1073
aggregate principal amount of Bonds to be issued pursuant
to this ordinance at any one time shall be determined by
the City Council by resolution adopted prior to the delivery
of the Bonds.
In the event more than one series of Bonds is issued
hereunder, it is contemplated that a separate series (which
may be evidenced by a single instrument) of notes or other
obligations of the Association (evidencing the obligation
of the Association to repay the loan from the City) be
issued to correspond with, and secure, each separate series
of Bonds issued hereunder.
The Bonds of a series of Bond shall be dated as of the
first day of the month next following the date on which
such series of Bonds is sold unless the City Council shall
specify a different date in its resolution hereinafter de-
scribed. Such Bonds shall bear interest at an annual rate
or rates payable semi-annually following the date of such
series of Bonds so that, if the Bonds of a series are dated
January 1, 1979, interest on that series of Bonds will be
payable on July 1, 1979, January 1, 1980, and semi-an-
nually thereafter.
The Bonds of each series of Bonds issued hereunder
shall mature on such date or dates as may be provided in
the resolution of the City Council hereinafter described,
but the last maturity of any such series of Bonds shall in
no event exceed a period of thirty (30) years from the
date of such series of Bonds (or such later date as may be
permitted under the terms of the Enabling Legislation in
effect on the date of such series of Bonds). If the said
resolution of the City Council hereinafter described does
not provide any maturity or maturities for a series of
Bonds, all of the Bonds of such series shall mature on the
date thirty (30) years from the date of such series of
Bonds.
Sec. 4. And be it further ordained, that, prior to the
delivery of any series of Bonds, the City Council shall
adopt a resolution or resolutions which shall prescribe the
principal amount of Bonds to be issued as a series at any
one time.
1074 ORDINANCES Ord. No. 887
Prior to the delivery of any series of Bonds, the City
Council may also adopt a resolution or resolutions which
may prescribe (i) the date of issue of such series of Bonds,
(ii) the maturity or maturities of such series of Bonds,
(iii) any additional terms necessary or appropriate to re-
flect any matters provided by resolution and (iv) such
other matters as may be deemed appropriate by the City
Council.
Any resolution or resolutions adopted pursuant to this
section of this ordinance shall be deemed to be of an
administrative nature and shall be effective upon approval
by the Mayor or Acting Mayor of the City.
Sec. 5. And be it further ordained, that it is hereby
found and determined that the best interests of the City
will be served by selling the Bonds at private sale as au-
thorized by the Enabling Legislation, upon the terms and
conditions determined by the Commissioners of Finance as
hereinafter authorized.
Authority is hereby conferred on the Commissioners of
Finance of the City to take the following actions and to
make the following commitments on behalf of the City :
(a) to prepare and distribute, in conjunction with rep-
resentatives of the Association and the prospective under-
writers for the Bonds, both a preliminary and a final offi-
cial statement, offering memorandum, or similar document
in connection with the sale of the Bonds ;
(b) to determine the date, time and place when an
underwriting agreement shall be submitted by the under-
writers for the Bonds, such underwriting agreement to
specify the interest rate or rates proposed to be paid on the
Bonds, the price at which such Bonds are to be sold to
such underwriters, and such other matters as the under-
writers and such Commissioners of Finance may deem
necessary or desirable in order to effect the sale and de-
livery of the Bonds ;
(c) to determine the interest rate or rates to be paid by
the City on the Bonds in accordance with the proposed
underwriting agreement submitted by the underwriters for
the Bonds, but only after the Association shall have given
the City written approval of such rate or rates:
ORDINANCES 1075
(d) to determine the redemption provisions for the
Bonds, and sinking fund requirements, if any, for the
Bonds ;
(e) to appoint a bank having trust powers, or a trust
company, as trustee for the Bonds to be issued pursuant
to this ordinance ; and
(f) in order to insure that such Bonds are issued with-
out direct cost to the City, to provide for the payment,
directly by the Association, of all costs, fees, and expenses
incurred by or on behalf of the City in connection with
the issuance of the Bonds, such payments to include (with-
out limitation) compensation to any persons performing
services by or on behalf of the City in connection with the
transactions contemplated by this ordinance.
Authority is hereby conferred on the Mayor or Acting
Mayor of the City to take the following actions and to
make the following commitments on behalf of the City:
(a) to execute and deliver a loan agreement by and be-
tween the City and the Association in the form determined
by resolution of the City Council approved by the Mayor
or Acting Mayor as authorized by Section 7 of this ordi-
nance; and
(b) to execute and deliver, as a binding and enforceable
obligation of the City, the underwriting agreement for the
Bonds by and between the City and the underwriters for
the Bonds and to proceed to accomplish any and all actions
necessary or deemed appropriate by either of them to issue
and deliver the Bonds to such underwriters in accordance
with the provisions of this ordinance and the underwriting
agreement.
Sec. 6. And be it further ordained, that, in authorizing
the sale of revenue bonds to finance port facilities for the
Association pursuant to the Enabling Legislation, the
Mayor and City Council are hereby empowered to provide
that the revenue bonds authorized by this ordinance and
any revenue bonds authorized for such purpose by other
ordinances, may be consolidated and sold as one or more
issues or series of revenue bonds, without regard to the
date of enactment of any ordinance authorizing the issu-
1076 ORDINANCES Ord. No. 887
ance of such revenue bonds. The aggregate principal
amount of revenue bonds authorized by this ordinance may
be increased, from time to time, and the description of the
Project may be supplemented or modified by ordinances
supplemental to this ordinance. Nothing contained in this
ordinance is intended to require the adoption of an ordi-
nance supplemental to this ordinance to authorize the
deletion of any one or more items of the port facilities
constituting the Project. The Mayor and City Council are
hereby expressly authorized, in their discretion and based
upon their determinations from time to time, to omit any
part of the Project from the port facilities to be financed
by revenue bonds issued pursuant to this ordinance. It is
the purpose and intent of this section that the Mayor and
City Council be afforded broad discretion in the structur-
ing and scheduling of revenue bond issues, whether au-
thorized by this ordinance or otherwise, to finance port
facilities for the Association in order that the public pur-
pose of the Enabling Legislation and this ordinance may
be realized.
Sec. 7. And be it further ordained, that, prior to the
sale of any series of Bonds, the City Council may (without
limitation) determine administratively by resolution or by
other appropriate action :
(1) the provisions of trust between the City and the
trustee ;
(2) the manner of execution, authentication, registra-
tion and transfer of the Bonds ;
(3) provisions for authentication and delivery of the
Bonds ;
(4) the provisions of the Loan Agreement between the
City and the Association ;
(5) the terms of the note or other evidence of the obli-
gations of the Association issued for each series of Bonds;
(6) provision for creation, holding and disbursement of
an escrow fund to be held by the trustee ;
(7) provisions for creation, holding and disbursement
of any other funds and accounts to be held by the trustee ;
ORDINANCES 1077
(8) provisions for the application of receipts and reve-
nues from the City on account of the Loan;
(9) provisions for the security for and investment of
moneys held by the trustee ;
(10) remedies for holders of the Bonds in the event of
default ;
(11) the duties, rights and immunities of the trustee;
(12) the manner of execution of instruments by holders
of the Bonds and the method of proof of ownership of the
Bonds ;
(13) provisions for modification of this ordinance, the
Loan Agreement, and any resolution or other action of the
Mayor, City Council and Commissioners of Finance per-
taining to the Bonds ;
(14) provisions for defeasance;
(15) the forms of the Bonds, coupons and the trusteed
authentication certificate; and
(16) such other matters in connection with the authori-
zation, issuance, security, sale and payment of the Bonds
as may be deemed appropriate by the City Council.
Any resolution or resolutions adopted pursuant to this
ordinance shall be deemed to be of an administrative na-
ture and shall be effective upon approval by the Mayor or
Acting Mayor of the City.
Sec. 8. And be it further ordained, that the term "Com-
missioners of Finance" as used in this ordinance includes
any board, agency, or department of the City created and
existing under the Charter of the City and designated by
such Charter to perform the functions and duties that were
performed at the time of the introduction of this ordinance
by the Commissioners of Finance. It is recognized that a
proposed charter amendment to be submitted to the legally
qualified voters of the City at the general election to be
held on November 7, 1978, will, if approved by said voters,
change the designation of the Commissioners of Finance to
the Board of Finance. If such charter amendment is so ap-
proved, the term "Commissioners of Finance" wherever it
1078 ORDINANCES Ord. No. 888
appears herein shall be deemed and construed to mean the
"Board of Finance."
Sec. 9. And be it farther ordained, that the provisions
of this ordinance are severable, and if any provision, sen-
tence, clause, section or part thereof is held illegal, invalid
or unconstitutional or inapplicable to any person or cir-
cumstances, such illegality, invalidity or unconstitutionality,
or inapplicability shall not affect or impair any of the re-
maining provisions, sentences, clauses, sections or parts of
the ordinance or their application to other persons or cir-
cumstances. It is hereby declared to be the legislative intent
that this ordinance would have been adopted if such illegal,
invalid or unconstitutional provision, sentence, clause, sec-
tion or part had not been included therein, as if the person
or circumstances to which the ordinance or any part
thereof is inapplicable had been specifically exempted
therefrom.
Sec. 10. And be it further ordained, that this ordinance
shall take effect from the date of its passage.
Approved October 31, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 888
(Council No. 1300)
An Ordinance to amend Sheets 48 and 49 of the Zoning
District Maps of Article 30 of the Baltimore City Code
(43GG 1976 Edition), title "Zoning", (Ordinance X*
1051> approved April 2^ 1971) &y changing from the
M-3 Zoning District to the M-4 Zoning District the prop-
e^ty at the northwest corner of the intersection ol feis
Stroot a»4 Ashland Avonuo, as outlined m purplo e» &e
plats accompanying this ordinanco: by changing from the
M-3 Zoning District to the R-4 Zoning District the prop-
erty bounded on the south by an irregular line running
from Lehigh Street westerly approximately 0 to 370 feet
ORDINANCES 1079
north of Ashland Avenue, on the west by an irregular
line running from Ashland Avenue northerly approxi-
mately 0 to 200 feet west of Iris Street, on the North by
an irregular line running from Lehigh Street westerly
approximately 0 to 2S0 77 feet North SOUTH of Eager
Street, and on the east by an irregular line running from
Ashland Avenue northerly approximately 0 to 125 feet
west of Lehigh Street, as outlined in yellow on the SUB-
STITUTE plats accompanying this ordinance: by chang-
ing from the M-3 Zoning District to the M-4 Zoning M&-
triet the property bounded eft the south by Ashland
Avenue, eft the west by aft irregular fee running from
Ashland Avonuo northerty approximately 110 170 feet
East of Lohigh Stroot, e» the north by a» irregular fee
running westerly approximately 0 to 420 feet south of
Eager Street, aft4 eft the east by a» irregular fee rftft-
ftiftg from Ashland Avonuo northerly approximately 440-
430 feet east of Lohigh Street, as outlined ift purple eft
the plats accompanying this ordinance; by changing
from the M-S Zoning District to the M-2 Zoning District
fee property at the northwest corner of the intersection
of Ashland Avonuo a»4 Nowkirk Street, as outlined ift
Magenta or the plats accompanying this ordinance; by
changing from fee M-S Zoning District to fee M-2 £eft-
iftg District fee property boundod eft fee north by Chase
Stroot, eft fee east by Kressoft Street, eft fee west by a*
irregular fee running from Chase Stroot southorty ap-
proximately 0 to 420 feet east of iris Stroot, a»4 eft fee
south by a» irregular fee running from Kresson Street
westerly approximately 450 to 400 feet south of Chase
Street, as outlined ift Magenta oft fee plats accompan}^
iftg this ordinance; by changing from fee M-3 Zoning
District to fee M-4 Zoning District fee property boundod
oft fee west by iris Street, oft fee north by a fee running
from iris Stroot eastern approximately 440 feet south of
Chaso Stroot, Oft fee south by a fee running from iris
Street eastern approximately 200 feet north of Eager
Stroot, aftd oft fee east by a fee running northerly ap-
proximately 42S feet east of iris Street, as outlinod ift
purplo oft fee plats accompanying this ordinance; R-4
ZONING DISTRICT THE PROPERTY BOUNDED ON
THE SOUTH BY EAGER STREET, ON THE WEST
BY JANNEY STREET, ON THE NORTH BY AN
1080 ORDINANCES Ord. No. 888
IRREGULAR LINE RUNNING FROM JANNEY
STREET EASTERLY APPROXIMATELY 8 80 TO 230
FEET NORTH OF EAGER STREET AND ON THE
EAST BY AN IRREGULAR LINE RUNNING FROM
EAGER STREET NORTHERLY APPROXIMATELY 0
TO 14? Ill FEET WEST OF KRESSON STREET, AS
OUTLINED IN YELLOW IN THE SUBSTITUTE
PLATS ACCOMPANYING THIS ORDINANCE; and
by changing from the M-3 Zoning District to the R-6
Zoning District the property bounded on the south by
Eager Street, on the North by an irregular line running
from Janney Street Westerly approximately 0 to 360 feet
south of Chase Street, on the west by an irregular line
running from Chase Street southerly approximately 120
to 200 feet west of Iris Street, and on the east by an
irregular line running from Chase Street southerly ap-
proximately 0 to 260 feet east of Iris Street, as outlined
in light brown on the SUBSTITUTE plats accompany-
ing this ordinance.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That Sheets No. 48 and 49 of the Zoning Dis-
trict Maps of Article 30 of the Baltimore City Code (4£66
1976 Edition), title "Zoning," (Ordinanco No* 1051), ap-
provod April 20y 1971) by changing from the M-3 Zoning
District to the M-4 Zoning District the property at the
northwest corner of the intersection of Ms Stroot a»4 Ash-
lan4 Avonuo, as outlined m purple en- the plats accompany-
i»g this ordinance; by changing from the M-3 Zoning
District to the R-4 Zoning District the property bounded on
the south by an irregular line running from Lehigh Street
westerly approximately 0 to 370 feet north of Ashland Ave-
nue, on the west by an irregular line running from Ashland
Avenue northerly approximately 0 to 200 feet west of Iris
Street, on the north by an irregular line running from Le-
high Street westerly approximately 0 to 250 feet north of
Eager Street, and on the east by an irregular line running
from Ashland Avenue, northerly approximately 0 to 125
feet west of Lehigh Street, as outlined in yellow on the
SUBSTITUTE plats accompanying this ordinance; by
changing from the M-3 Zoning District to the M-4 Zoning
District the property boundod on- the south by Ashlane!
ORDINANCES 1081
Avenue, e» the west by aft irregular fee running from
Ashland Avenue northerly approximately 110 170 feet east
el Lohigh Street, eft the north by aft irregular fee running
wostorly approximately 0 to 4-80 feet softth el Eage* Street,
aft4 eft the east fey a» irregular fee running from i^shland
Avonuo northerly approximately 110 170 feet east ef te-
bigh Stroot, as outlined ift purple eft the plats accompany-
iftg this ordinance; fey changing from the M-S Zoning :Di&-
Met te the M-2 Zoning District the property at the
northwest corner ef the intersection ef Ashland x^vonue
aftd Newkirk Street, as outlined ift magenta eft the plats
accompanying this ordinance? fey changing from the M-S
Zoning District te the M-2 Zoning District the property
bounded e» the north fey Chase Street, eft the east fey
Krosson Stroot, eft the west fey aft irregular fee running
from Chaso Street southerly approximately 0 te 420 feet
east ef Ms Street, aftd eft the south fey aft irregular fee
running from Krosson Street westerly approximately 4&0
te 400 feet south ef Chaso Street, as outlined ift magenta
eft the plats accompanying this ordinance; fey changing
from the M-3 Zoning District te the M-4 Zoning District
the property bounded eft the west by Ms Stroot, eft the
north by a fee running from Ms Stroot easterly approxi-
mately 440 feet south ef Chaso Stroot, ©ft the south by a
fee running from Ms Streot easterly approximately 200
feet north ef Eagor Street? aftd eft the east by a fee £ftft-
ftiftg northerly approximately 425 feet east ef Ms Stroot,
as outlined ift purple eft the plats accompanying this ordi-
nance > R-4 ZONING DISTRICT THE PROPERTY
BOUNDED ON THE SOUTH BY EAGER STREET, ON
THE WEST BY JANNEY STREET, ON THE NORTH
BY AN IRREGULAR LINE RUNNING FROM JANNEY
STREET EASTERLY APPROXIMATELY 8 80 TO 230
FEET NORTH OF EAGER STREET AND ON THE
EAST BY AN IRREGULAR LINE RUNNING FROM
EAGER STREET NORTHERLY APPROXIMATELY 0
TO 443 111 FEET WEST OF KRESSON STREET, AS
OUTLINED IN YELLOW IN THE SUBSTITUTE PLATS
ACCOMPANYING THIS ORDINANCE; and by chang-
ing from the M-3 Zoning District to the R-6 Zoning Dis-
trict the property bounded on the south by Eager Street,
on the north by an irregular line running from Janney
Street westerly approximately 0 to 360 feet south of Chase
1082 ORDINANCES Ord. No. 889
Street, on the west by an irregular line running from
Chase Street southerly approximately 120 to 200 feet west
of Iris Street, and on the east by an irregular line running
from Chase Street southerly approximately 0 to 260 feet
east of Iris Street, as outlined in light brown on the SUB-
STITUTE plats accompanying this ordinance.
Sec. 2. And be it further ordained, That upon passage of
this ordinance by the City Council, as evidence of the au-
thenticity of the plat which is a part hereof and in order
to give notice to the departments which are administering
the Zoning Ordinance, the President of the City Council
shall sign the plat and, when the Mayor approves the
ordinance, he shall sign the plat. The City Treasurer shall
then transmit a copy of the ordinance and one of the plats
to the following: the Board of Municipal and Zoning Ap-
peals, the Planning Commission, the Commissioner of the
Department of Housing and Community Development and
the Zoning Administrator.
SEC. 3. And be it further ordained, That this ordinance
shall take effect thirty days from the date of its passage.
Became law without the Mayor's signature under Article
IV, Sec. 5 of the City Charter. The effective date is 11/6/78.
No. 889
(Council No. 1409)
An Ordinance granting permission for the establishment,
maintenance and operation of a Drive-In Restaurant on
the property generally known as 3400 Pulaski Highway,
as outlined in red on the plats accompanying this ordi-
nance, under the provisions of Sections 6.3-ld-3 and
11.0-6d of Article 30 of the Baltimore City Code (1966
Edition), title "Zoning," as ordained by Ordinance 1051,
approved April 20, 1971.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That permission is hereby granted for the
ORDINANCES 1083
establishment, maintenance and operation of a drive-in
restaurant on the property generally known as 3400 Pulaski
Highway, as outlined in red on the plats accompanying
this ordinance, under the provisions of Sections 6.3-ld-3
and 11.0-6d of Article 30 of the Baltimore City Code (1966
Edition), title "Zoning," as ordained by Ordinance 1051,
approved April 20, 1971.
Sec. 2. And be it further ordained, That upon passage of
this ordinance by the City Council, as evidence of the au-
thenticity of the plat which is a part hereof and in order
to give notice to the departments which are administering
the Zoning Ordinance, the President of the City Council
shall sign the plat and, when the Mayor approves the ordi-
nance, he shall sign the plat. The City Treasurer shall then
transmit a copy of the ordinance and one of the plats to
the following : the Board of Municipal and Zoning Appeals,
the Planning Commission, the Commissioner of the Depart-
ment of Housing and Community Development and the
Zoning Administrator.
Sec. 3. And be it further ordained, That this ordinance
shall take effect thirty days from the date of its passage.
Approved November 6, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 890
(Council No. 1407)
An Ordinance to amend Sheet No. 96 of the Zoning Dis-
trict maps of Article 30 of the Baltimore City Code (1966
Edition), title "Zoning," (Ordinance No. 1051, approved
April 20, 1971) by changing from the B-2-2 Zoning Dis-
trict to the B-3-1 Zoning District the property generally
known as the southwest side of Patapsco Avenue, 100'
northwest of 7th Street, as outlined in red on the plats
accompanying this ordinance.
1084 ORDINANCES Ord. No. 891
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That Sheet No. 96 of the Zoning District
Maps of Article 30 of the Baltimore City Code (1966 Edi-
tion), title "Zoning," (Ordinance 1051, approved April 20,
1971) be and it is hereby amended by changing from the
B-2-2 Zoning District to the B-3-1 Zoning District the
property generally known as the southwest side of Patapsco
Avenue, 100' northwest of 7th Street, as outlined in red
on the plats accompanying this ordinance.
Sec. 2. And be it further ordained, That upon passage of
this ordinance by the City Council, as evidence of the
authenticity of the plat which is a part hereof and in
order to give notice to the departments which are admin-
istering the Zoning Ordinance, the President of the City
Council shall sign the plat and, when the Mayor approves
the ordinance he shall sign the plat. The City Treasurer
shall then transmit a copy of the ordinance and one of the
plats to the following: The Board of Municipal and Zoning
Appeals, the Planning Commission, the Commissioner of
the Department of Housing and Community Development,
the Commissioner of Transit and Traffic and the Zoning
Administrator.
Sec. 3. And be it further ordained, That this ordinance
shall take effect thirty days from the date of its passage.
Approved November 20, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 891
(Council No. 1408)
An Ordinance granting permission for the establishment,
maintenance and operation of a Drive-In Restaurant on
the property located on the southwest side of Patapsco
Avenue, 100' northwest of 7th Street, as outlined in red
on the plats accompanying this ordinance, under the
provisions of Sections 6.3-ld-3 and 11.06(d) of Article
ORDINANCES 1085
30 of the Baltimore City Code (1966 Edition), title
"Zoning," as ordained by Ordinance 1051, approved
April 20, 1971.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That permission is hereby granted for the
establishment, maintenance and operation of a drive-in
restaurant on the property located on the southwest side
of Patapsco Avenue, 100' northwest of 7th Street, as out-
lined in red on the plats accompanying this ordinance,
under the provisions of Sections 6.3-ld-3 and 11.06(d) of
Article 30 of the Baltimore City Code (1966 Edition), title
"Zoning," as ordained by Ordinance 1051, approved April
20, 1971.
Sec. 2. And be it further ordained, That upon passage of
this ordinance by the City Council, as evidence of the au-
thenticity of the plat which is a part hereof and in order
to give notice to the departments which are administering
the Zoning Ordinance, the President of the City Council
shall sign the plat and, when the Mayor approves the ordi-
nance, he shall sign the plat. The City Treasurer shall then
transmit a copy of the ordinance and one of the plats to
the following : the Board of Municipal and Zoning Appeals,
the Planning Commission, the Commissioner of the De-
partment of Housing and Community Development and the
Zoning Administrator.
Sec. 3. And be it further ordained, That this ordinance
shall take effect thirty days from the date of its passage.
Approved November 20, 1978.
WILLIAM DONALD SCHAEFER, Mo.yor.
No. 892
(Council No. 1589)
An Ordinance to authorize the use of the property known
as 1031 Aisquith Street, as outlined in red on the plats
1086 ORDINANCES Ord. No. 892
accompanying this ordinance, for a Drug Abuse Reha-
bilitation and Treatment Center in the R-8 District
pursuant to Sections 4.8-ld and 11.0-6d of Article 30 of
the Baltimore City Code (1976 Edition), title "The Zon-
ing Ordinance of Baltimore City", subject to the condi-
tion of continuing certification by the State of Maryland
Drug Abuse Administration.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the property known as 1031 Aisquith
Street, as outlined in red on the plats accompanying this
ordinance, be and it is hereby authorized for use as a
drug abuse rehabilitation and treatment center in the R-8
District pursuant to Sections 4.8-ld and 11.0-6d of Article
30 of the Baltimore City Code (1976 Edition), title "The
Zoning Ordinance of Baltimore City", subject to the con-
dition of continuing certification by the State of Maryland
Drug Abuse Administration.
Sec. 2. And be it further ordained, That upon passage
of this ordinance by the City Council, as evidence of the
authenticity of the plat which is a part hereof and in order
to give notice to the departments which are administering
the Zoning Ordinance, the President of the City Council
shall sign the plat and, when the Mayor approves the ordi-
nance, he shall sign the plat. The City Treasurer shall then
transmit a copy of the ordinance and one of the plats to
the following : the Board of Municipal and Zoning Appeals,
the Planning Commission, the Commissioner of the De-
partment of Housing and Community Development, and
the Zoning Administrator.
Sec. 3. And be it further ordained, That this ordinance
shall take effect thirty days from the date of its passage.
Approved November 20, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
ORDINANCES 1087
No. 893
(Council No. 1614)
An Ordinance granting permission to the Prime Rib, Inc. for
the establishment, maintenance and operation of an open
area for the parking of motor vehicles on the property on
the west side of Guilford Avenue north of East Chase
Street, generally known as 1104 and 1106 Guilford Avenue,
as outlined in red on the plats accompanying this ordi-
nance, under the provisions of Section 9.0-3d of Article 30
of the Baltimore City Code (1976 Edition), title "Zoning
Ordinance," concerning parking lot districts.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That permission be and the same is hereby
granted to The Prime Rib, Inc., for the establishment, main-
tenance and operation of an open area for the parking of
motor vehicles on the property on the west side of Guilford
Avenue north of East Chase Street, generally known as 1104
and 1106 Guilford Avenue, as outlined in red on the plats
accompanying this ordinance, under the provisions of Sec-
tion 9.0-3d of Article 30 of the Baltimore City Code (1976
Edition), title "Zoning Ordinance," concerning parking lot
districts.
Sec. 2. And be it further ordained, That upon passage of
this ordinance by the City Council, as evidence of the authen-
ticity of the plat which is a part hereof and in order to give
notice to the departments which are administering the Zon-
ing Ordinance, the President of the City Council shall sign
the plat and, when the Mayor approves the ordinance, he
shall sign the plat. The City Treasurer shall then transmit
a copy of the ordinance and one of the plats to the following :
The Board of Municipal and Zoning Appeals, the Planning
Commission, the Commissioner of the Department of Hous-
ing and Community Development, the Commissioner of
Transit and Traffic, and the Zoning Administrator.
Sec. 3. And be it further ordained, That the provisions of
the aforesaid Section 9.0-3d of Article 30 of the Baltimore
City Code (1976 Edition), title "Zoning Ordinance", shall
be fully complied with.
1088 ORDINANCES Ord. No. 894
Sec. 4. And be it further ordained, That this ordinance
shall take effect thirty days from the date of its passage.
Approved November 20, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 894
(Council No. 1888)
An Ordinance to repeal Chapter 17 of Article 32 of the
Baltimore City Code (1976 Edition), title "Building Reg-
ulations," subtitle "Fees and Service Charges," as said
Chapter 17 was last ordained by Ordinance No. 871 of
1970 and to ordain a new Chapter 17 in lieu thereof, re-
vising and clarifying certain schedules of fees contained
in the Building Code of Baltimore City.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That Chapter 17 of Article 32 of the Balti-
more City Code (1976 Edition), title "Building Regula-
tions," subtitle "Fees and Service Charges," as said Chap-
ter 17 was last ordained by Ordinance No. 871 of 1970, be
and the same is hereby repealed, and that a new Chapter
17 be and it is hereby ordained, in lieu thereof, to be added
to said Article 32, and to read as follows:
CHAPTER 17
FEES AND SERVICE CHARGES
170— GENERAL REQUIREMENTS FOR SERVICE
CHARGES AND FEES.
1700. Basis of Fees and Service Charges for various
classes of permits, certificates, inspections, tests and other
services rendered by the Department of Housing and Com-
munity Development and set forth in Chapter 17, is based
upon estimated cost to the City for services rendered.
1701. Payment of any and all Fees o-r Service Charges
charged in accordance with the provisions of this Code shall
ORDINANCES 1089
be made directly to the Director of Finance of Baltimore
and payment shall be made at the time such charges are due
and owing.
1702. Minimum Fees and Service Charges. Any and all
fees or service charges provided for by the provisions of
this Code for the various classes of permits, certificates,
inspections, tests or other services shall be as provided in
this Chapter, but in no case shall any fee or service charge
be less than $10.00 except when otherwise specified. All fees
shall be rounded to the nearest dollar.
1703. Duplicate and Additional Permits. Certificates
and Approved Plans. Duplicate or additional copies of docu-
ments other than plans shall be issued at the written request
of anyone entitled to receive them upon payment of $3.00
for each duplicate or copy issued with a minimum fee of
$5.00.
Duplicate or additional copies of approved plans shall be
issued at the written request of anyone entitled to receive
them upon payment of $5.00 per sheet, plus any charge that
may be involved in reproducing them with a minimum fee
of $10.00.
170k. Fees and Service Charges not Refundable. No fee
or other service charge, or portion thereof, paid for any
permit, certificate, inspection, test or any other service
rendered, shall be refunded except that where no work has
been done, or any privilege enjoyed under a permit, certif-
icate, inspection or any other service, the Board of Esti-
mates may authorize a refund of not more than fifty per
cent (50%) of any fee or service charge for such permit,
certificate, inspection or service. However, no refunds shall
be granted on fees of less than ($1,000) One Thousand Dol-
lars.
1705. Fees for Partial Permits and Extensions of Per-
mits. Where a partial permit is issued under this Code, a
fee of $U0.00 shall be charged for each such permit.
Where an extension of a permit is issued under this Code,
a fee of $10.00 shall be charged for each such extension.
1706. Fees for Amending Permits. After a permit has
been issued and an amendment for a revision is applied for,
the fee or service charge shall be as follows:
1090 ORDINANCES Ord. No. 894
a. For each and every amendment which involves work
not originally applied for to complete the entire project, the
fee shall be the appropriate fee for the work contemplated
plus 10 percent of such fee as a service charge. The mini-
mum fee shall be $20.00.
b. For each and every amendment, not within the scope
of a. above where revised plans are required, the fee shall
be 20 percent of the original permit fee with a minimum of
$20.00.
c. For each and every amendment, not within the scope
of a. above, where revised plans are not required, the fee
shall be $10.00.
1707. Fees for Cancellation of Applications. Applica-
tions which cannot be processed to result in legal permits
shall be cancelled by the applicants or the Department of
Housing and Community Development. The applicant shall
be duly notified that a legal permit cannot be issued.
The fee for such a cancellation shall be 50 percent of
the fee for the ivork described in the application. No fee
shall be charged for the cancellation of an application hav-
ing a permit fee less than $200.00.
1708. Fees and Service Charges of Other Bureaus. The
payment of a fee vr service charge as provided by the pro-
visions of Chapter 17 shall not be taken or construed to
relieve anyone from paying any and all other fees or
charges that may be made by any department, bureau, com-
mission or other agency of the Mayor and City Council of
Baltimore.
1709. Fallout Shelters. There shall be no fee required
for permit for fallout shelters certified by the Civil Defense
Agency when such shelters are erected for use by occupants
of one or two family dwellings.
171— FEES FOR CONSTRUCTION WORK.
1710. Permit Fees for Construction Work.
a. New Buildings and additions: $2.00 for each 1,000
cubic feet vr fraction of gross volume, including all base-
ments and cellars, as defined in Section 201. A minimum of
$50.00 for new buildings, except private residences which
shall be $30.00 minimum. A minimum of $30.00 for addi-
ORDINANCES 1091
tions, except for private residences, which shall be $20.00
minimum.
b. Accessory structures in connection with a principal
occupancy as in Paragraph 4970; $20.00 for each structure
over 100 square feet; $10.00 for each structure of 100
square feet or less.
c. Alterations and Repairs: $5.00 per $1,000 wr fraction
thereof of estimated cost; $10.00 minimum on private resi-
dences; $30.00 minimum on all other buildings or structures.
d. Chimneys, staeks, towers:
0— 50 feet $20.00
51—100 feet 30.00
Over 100 feet 50.00
e. Retaining Walls: $3.00 for each 100 square feet or
fraction of area above footing. Minimum of $10.00.
f. Fences: $3.00 per 100 linear feet or fraction.
g. Grading (excavating or filling) :
0 — 5,000 cubic yards $20.00
5,001 — 50,000 cubic yards 30.00
Over 50,000 cubic yards 50.00
h. Paving or Surfacing:
0 — 1,000 square feet $10.00
1,001 — 10,000 square feet 20.00
10,001 — 50,000 square feet 40.00
Over 50,000 square feet 60.00
i. Erection, placing, hanging or reconstruction of signs:
0 — 10 square feet $ 10.00
11 — 50 square feet 20.00
51 — 200 square feet 40.00
201 — 500 square feet 100.00
Over 500 square feet 150.00
The above rates are based on the gross square feet area
of the sign face or faces. No fee shall be charged for signs
less than 100 square feet which are to be used exclusively
for advertising the property on which they are posted, for
sale or for rent.
1092 ORDINANCES Ord. No. 894
The fee for repairing, painting and rehanging the sign in
the same place shall be $10.00 for each sign.
j. Razing. $2.00 per linear foot or fraction of width or
length of building, whichever is less, with a minimum fee
of $30.00, except that accessory buildings shall be $10.00
each.
k. Temporary Structures as in Paragraph 4980: Each
temporary structure per each 5,000 cubic feet of volume or
fraction: $10.00 per year on an annual basis. Minimum
$20.00; maximum $500.00.
I. Moving buildings: $25.00 each.
m. Swimming pools: $20.00 each for private residences
only; $50.00 each for all others.
n. Changes in Occupancy (no alterations) : $10.00 each
building or portion of a building. Changes in occupancy
(with alterations) : $10.00 for change in occupancy plus
appropriate fee for work as specified herein.
0. SEDIMENT AND EROSION CONTROL
$10.00 FOR EACH PERMIT PLUS THE FOLLOWING:
$ PER SQUARE
FEET DISTURBED
DISTURBED AREA (SQUARE FEET)
UP TO AND INCLUDING 5,000 $ .002
5,001 TO AND INCLUDING 15,000 .003
15,001 AND OVER .001,
172— FEES FOR ELECTRICAL WORK.
1720. Permit Fees for Electrical Work.
a. Electrical service iviring and equipment to be in-
stalled, replaced 'or relocated, including provision for con-
nection of the meter.
RATING IN AMPERES Fee
0—100 $10.00
101—400 15.00
401—800 30.00
Over 800 50.00
ORDINANCES 1093
b. Electrical wiring for new branch circuits, feeders and
extensions to or replacements of branch circuits, shall be at
the rate of $3.00 per circuit.
A three-wire or four-wire branch circuit serving single
phase loads shall be considered as two or three branch cir-
cuits respectively. A three-wire branch circuit serving only
three-phase loads or serving a single appliance shall be con-
sidered as one branch circuit.
c. Fixtures: Fees for installing only electrical fixtures.
1—25 $10.00
26—50 15.00
Ul—75 20.00
$2.00 for each additional 25 fixtures or fraction thereof.
d. (1) Temporary electrical wiring for bazaars, cinema
shoivs, dances, displays, exhibitions, fairs, plays, rummage
sales, sporting events, suppers and other similar assemblies:
$10.00 for each 5 kilowatts or fraction thereof of feeder
capacity supplying such wiring. The permit fee shall be
reduced one-half when the entire net proceeds derived there-
from are to be used for a charitable or religious purpose.
(2) Temporary electrical wiring for carnivals and cir-
cuses: $20.00 for each 5 kilowatts or fraction thereof of
feeder capacity, supplying such wiring. The permit fee shall
be reduced one-half when the entire net proceeds derived
therefrom are to be used for a charitable or religious pur-
pose.
(3) Temporary electrical wiring for construction pur-
poses shall be at the same rate as for permanent installa-
tions and the permits shall be applied for separately.
e. Electrical semi-annual permits for maintenance work
shall be based on the total service of the plant for each
permit issued.
These permits will be issued only to Licensed Maintenance
Electricians or Licensed Master Electricians employed by
the company on whose premises the work is to be done.
1094
ORDINANCES
Ord. No. 894
>ting of Service or
rvices in Amperes
Fee
0— uoo
$20.00
U01—1200
30.00
1201—2000
U0.00
Over 2000
60.00
f. Electrical work not otherwise classified in this section
shall be $10.00 for each permit issued.
g. Electrical certificates of approval shall be $5.00 each
when issued as part of original permit.
h. Minimum fee for any electrical permit shall be $10.00.
173— FEES FOR MECHANICAL WORK.
1730. Permit Fee for Mechanical Work.
a. Furnaces and fuel burning equipment other than gas
fired, including heating systems shall be:
BTU per hour input
per unit
0—200,000 $ 10.00
200,000—300,000 25.00
Over 500,000 50.00
Maximum 500.00
No fee shall be charged for fuel tanks, not exceeding 550
gallons, when installed in conjunction with oil burners.
Domestic appliances including water heaters not exceed-
ing 200,000 BTU per hour input $5.00 per unit (includes
plumbing fee).
Major alterations and repairs: 50 percent of the above
rate; minimum $10.00.
b. Air Conditioning and refrigeration systems, includ-
ing air handling and distribution equipment (1 ton equals
12,000 BTU per hour): $3.00 per ton; minimum fee $10.00;
maximum $100.00 per unit.
c. Ventilation system: $3.00 for each 1,000 cubic feet of
air per minute, minimum $10.00; maximum $100.00.
ORDINANCES 1095
d. Unfired pressure vessels: $25.00 each.
e. Gas fuel-burning equipment:
BTU per hour input
per unit
0—200,000
$ 10.00
200,001—500,000
25.00
Over 500,000
50.00
Maximum
500.00
Domestic gas appliances, not exceeding 20,000 BTU per
hour input: minimum $10.00. Gas- fired water heaters, new
installations, not exceeding 200,000 BTU per hour input:
$10.00 each (includes plumbing fee).
Replacing gas-fired water heaters, not exceeding 200,000
BTU per hour input: $10.00 each (includes plumbing fee).
/. Tanks for all liquids including propane gas cylinders;
L. P. gas cylinders in the aggregate of 1000 gallons or frac-
tion shall be considered one tank:
0 — 1,000 gallons $10.00 each
1,001 — 10,000 gallons 15.00
Over 10,000 gallons 15.00 plus $5.00
for each 5000 gallons or fractions over 10,000 gallons; maxi-
mum $250.00.
Removal of tanks, no replacements; $20.00 for each per-
mit issued ivhich may include more than one tank at the
same location.
g. Pumps and dispensers: $5.00 per hose outlet; mini-
mum $10.00.
h. Fire extinguishing systems:
Equipment Fee
Sprinkler systems: 1-25
heads $20.00
more than 25 heads 30.00 per
100 heads or fraction
Relocating hose station 5.00 each
1096 ORDINANCE
S Ord. No. 894
Relocating sprinkler heads
2 .00 each
Minimum 10.00
Maximum 20.00
Replacing sprinkler heads only
10.00
Standpipe risers
30.00 each
C02 systems
10.00 per
500 cubic feet or
fraction of the
space protected
Hand Extinguishers
No Charge
Reconstruction of repair
Same as new
Minimum $10.00
i. Plumbing:
Fixtures: install, replace or
reconstruct
$2.00 each
Minimum 10.00
Water service pipe; new or replacement 10.00
Electric water heaters; new installation
not exceeding 200,000 BTU per hour 10.00
Reconstruction soil or water lines on
premises 10.00
Reconstruction sanitary or storm water
sewer on premises 10.00
Sanitary sewer connection; new buildings: 10.00 per
Plus $2.00 for each fixture: installed connection
Sanitary sewer connection: existing build- 15.00 per
ings; No charge for existing fixtures connection
Storm water sewer connection; new build-
ings: Plus $2.00 for inlet excluding 10.00 per
rain leaders connection
Private disposal systems including
septic tank, dry well or drainfields
Plus $2.00 for each fixture installed 25.00
Removal of plumbing fixtures or cap off
water or sewer lines on premises 10.00
ORDINANCES
1097
Certificates vf approval
j. Installation of elevators
Passenger elevators $30.00
Plus $3.00 per floor
Power freight elevators $30.00
Plus $3.00 per floor
Parking elevators $30.00 plus
$3.00 per floor
Hand or gravity elevators
Escalators
Power dumbwaiters
Hand dumbwaiters
Stage orchestra or console elevators
Private residence elevators or inclined
lifts
Invalid elevators (Doctor's certificate
required)
Inclined lifts for invalid use
(Doctor's certificate required)
Man lifts
Automobile service lifts
Material hoists and elevators
used temporarily as
material hoists
Workmen's hoists $25.00 each
plus $2.00 per floor
Reconstruction; same as required
for new installations
Alterations: $5.00 per $1,000 or
fraction of estimated cost
5.00 each when
issued as part of
original permit.
$100.00 maximum
each
$100.00 maximum
$100.00 maximum
each
20.00 each
40.00 each
20.00 each
15.00 each
30.00 each
20.00 each
10.00 each
10.00 each
30.00 each
8.00 each
25.00 each
10.00 minimum
Repairs: No charge
1098
ORDINANCES
Ord. No. 894
17 Jf— FEES FOR CERTIFICATES.
17 UO. Fees for Certificates.
a. Building certificates: $25.00 each, except that no
charge shall be made where the fees for annual license
permits have been paid.
b. General certificates $25.00 for each General certificate
issued as defined in Section 151.
c. Electrical certificates of approval: $10.00 each when
issued separately,
d. Mechanical certificates of approval: $10.00 each when
issued separately,
e. Mechanical equipment annual certificates:
Annual Fee for
Inspection
Equipment
By City
Inspectors
By Deputized
Inspectors
Passenger elevators
$60.00 each
plus $2.00 per
floor above
10 floors
$30.00
Annual Fee for
Inspection
Equipment
By City
Inspectors
By Deputized
Inspectors
Power freight elevators
$60.00 each
plus $2.00 per
floor above
10 floors
30.00
Parking elevators
$60.00 each
30.00
Dumbwaiters, hand and
gravity elevators
20.00 each
8.00 each
Escalators
30.00 each
15.00 each
State orchestra and
console elevators
U0.00 each
20.00 each
ORDINANCES
1099
Manlifts
Private Residence
elevators
60.00 each
* 40.00 each
Invalid elevators * 10.00 each
* Only when required to be registered.
30.00
* 20.00 each
* 5.00 each
175— FEES FOR SPECIAL LICENSE PERMITS.
1750. Fees for Special License permits on premises
where no annual license permit has been issued as pro-
vided in paragraph 1760 shall be charged at the following
rates:
Fee for each 10,000 square feet
or fraction thereof
Purpose
One day
One Week
Bazaars
$10.00
$ 30.00
Carnivals
20.00
60.00
Cinema shows
10.00
30.00
Circuses
40.00
120.00
Dances
15.00
45.00
Displays
10.00
30.00
Exhibitions
10.00
30.00
Fairs
20.00
60.00
Fee for each 10,000 square feet
or fraction thereof
Purpose
One day
One week
Lectures
10.00
30.00
Plays
10.00
30.00
Rummage sales
10.00
30.00
Sporting events
20.00
60.00
Suppers
10.00
30.00
Other Assemblies
10.00
30.00
Amusement devices:
$15.00 each
Peep Show devices:
$100.00 each
1100
ORDINANCES
Ord. No. 894
Where the net proceeds from any of the aforementioned
assemblies are to be used for a charitable or religious pur-
pose, the fee shall be reduced fifty percent, except amuse-
ment devices.
1 751 . Permit fees for Periodic Inspections :
Roof tanks $10.00 each
Roof signs 101— 500 sq. ft. 10.00
501—1000 sq. ft. 20.00
Over 1000 sq. ft. 30.00
176— FEES FOR ANNUAL LICENSE PERMITS.
1760. Fees for Annual License Permits to operate public
assemblies, such as, assembly halls, bowling lanes, dance
halls, exhibition halls, night clubs, opera houses, pool par-
lors, sports arenas, theatres with stages, theatres without
stages and other public assemblies, shall be charged at the
following rates:
0 — 6,000 sq.
ft
$35.00
6,001—12,000 sq.
ft.
40.00
12,001—25,000 sq.
ft
50.00
Over 25,000 sq.
ft
60.00
Where the net proceeds derived from any of the afore-
mentioned assemblies are to be used entirely and contin-
uously for a charitable or religious purpose, the fee shall be
reduced 50 percent.
178— FEES FOR MISCELLANEOUS WORK.
1780. Permit Fees for Miscellaneous Work, Operations
and Other Purposes, not elsewhere provided for in this
Code shall be charged at the rate of $5.00 per $1,000 or frac-
tion of estimated cost with a $10.00 minimum.
1782. Penalties.
An additional service charge of 10% of permit fee shall
be assessed on permits issued for work being done without a
permit.
ORDINANCES 1101
// Violation Notice has been issued on work being done
without a permit, the charge shall be increased to 20% of
permit fee.
$10.00 minimum, $100.00 maximum penalty.
179— FEES FOR VIOLATION REPORT.
1790. Fees for Violation Report.
An application to the Commissioner for a Violation Re-
port stating whether or not any notice of condemnation or
violation has been issued for a particular property shall be
accompanied by a payment in the amount of $10.00, which
shall include a copy of the Condemnation Notice or Viola-
tion Notice.
A Violation Report issued by the Department of Housing
and Community Development may also be obtained from the
Bureau of Liens at the same time as the Lien Certificate,
upon the payment of $5.00 in addition to the charge for the
Lien Certificate.
SEC. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved November 20, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 895
(Council No. 1909)
An Ordinance providing for a supplementary special fund
appropriation in the amount of Three Hundred Twelve
Thousand Twenty-Four Dollars ($312,024) to the
Mayor's Coordinating Council on Criminal Justice to be
used for operation of Youth Service Bureaus in Balti-
more City, in accordance with the provisions of Article
VI, Section 2(h) (2) of the Baltimore City Charter (1964
Revision) .
1102 ORDINANCES Ord. No. 895
Whereas, the money appropriated herein represents a
grant from a public source which could not be expected
with reasonable certainty at the time of the formulation
of the 1978-1979 Ordinance of Estimates; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
6th day of September, 1978, all in accordance with Article
VI, Section 2(h) (2) of the 1964 revised Charter of Balti-
more City.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI,
Section 2(h)(2) of the 1964 revision of the Charter of
Baltimore City, the sum of Three Hundred Twelve Thou-
sand Twenty-Four Dollars ($312,024) shall be made
available to the Mayor's Coordinating Council on Criminal
Justice of the City of Baltimore as a supplementary special
fund appropriation for the fiscal year ending June 30, 1979
for the purpose of operation of Youth Service Bureaus in
Baltimore City. The amount thus made available as a sup-
plementary special fund appropriation shall be expended
from a grant of funds to the Mayor and City Council of
Baltimore by the Department of Juvenile Services, State
of Maryland, said sum being specifically allotted to the
Mayor and City Council of Baltimore for the aforesaid
purpose; and said fund from said Department of Juvenile
Services, State of Maryland, shall be the source of revenue
for this supplementary special fund appropriation, as re-
quired by Article VI, Section 2(h) (2) of the 1964 revised
Charter of Baltimore City.
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved November 20, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
ORDINANCES 1103
No. 896
(Council No. 1910)
An Ordinance providing for a supplementary special fund
appropriation in the amount of Twenty-Five Thousand
One Hundred Eleven Dollars ($25,111) to the Enoch
Pratt Free Library to be used for special library services
to Deaf Persons, in accordance with the provisions of
Article VI, Section 2 (h) (2) of the Baltimore City Charter
(1964 Revision).
Whereas, the money appropriated herein represents
a grant from a public source which could not be expected
with reasonable certainty at the time of the formulation of
the 1978-1979 Ordinance of Estimates; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
26th day of April, 1978, all in accordance with Article VI,
Section 2(h) (2) of the 1964 revised Charter of Baltimore
City.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI, Sec-
tion 2(h) (2) of the 1964 revision of the Charter of Balti-
more City, the sum of Twenty-five Thousand One Hundred
Eleven Dollars ($25,111) shall be made available to the
Enoch Pratt Free Library as a supplementary special fund
appropriation for the fiscal year ending June 30, 1979 for
the purpose of special library services to deaf persons. The
amount thus made available as a supplementary special fund
appropriation shall be expended from a grant of funds to
the Mayor and City Council of Baltimore by the Maryland
State Department of Education under the Federal Library
Services and Construction Act Title I, said sum being speci-
fically allotted to the Mayor and City Council of Baltimore
for the aforesaid purpose; and said funds from said Mary-
land State Department of Education under the Federal
Library Services and Construction Act Title I shall be the
source of revenue for this supplementary special fund ap-
1104 ORDINANCES Ord. No. 898
propriation, as required by Article VI, Section 2(h) of the
1964 revised Charter of Baltimore City.
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved November 20, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 897
(Council No. 1990)
An Ordinance providing for reserved parking on the south
side of Hanlon Avenue near Rosedale Street for Charles
Woody Lane.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That on the south side of Hanlon Avenue,
from a point 81 feet west of Rosedale Street to the curb line
of an alley 105 feet westerly therefrom, parking is reserved
for Charles Woody Lane.
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved November 20, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 898
(Council No. 1635)
An Ordinance to amend Sheet No. 36 of the Zoning District
Maps of Article 30 of the Baltimore City Code (1976 Edi-
tion) title "Zoning," by changing from the M-l-2 Zoning
District to the &-& R-7 Zoning District the properties
lying southwest of Aisquith Street and Northwest of
Hargest Street, as outlined in red on the AMENDED
plats accompanying this ordinance.
ORDINANCES 1105
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That Sheet No. 36 of the Zoning District
Maps of Article 30 of the Baltimore City Code (1976 Edi-
tion) title "Zoning," be and it is hereby amended by chang-
ing from the M-l-2 Zoning District to the &-S R-7 Zoning
District, the properties lying southwest of Aisquith Street
and northwest of Hargest Street, as outlined in red on the
AMENDED plats accompanying this ordinance.
SEC. 2. And be it further ordained, That upon passage of
this ordinance by the City Council, as evidence of the au-
thenticity of the plat which is a part hereof and in order
to give notice to the departments which are administering
the Zoning Ordinance, the President of the City Council
shall sign the plat and, when the Mayor approves the
ordinance, he shall sign the plat. The City Treasurer shall
then transmit a copy of this ordinance and one of the plats
to the following: the Board of Municipal and Zoning Ap-
peals, the Planning Commission, the Commissioner of the
Department of Housing and Community Development and
the Zoning Administrator.
Sec. 3. And be it further ordained, That this ordinance
shall take effect thirty days from the date of its passage.
Approved November 21, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 899
(Council No. 1908)
An Ordinance providing for a supplementary special fund
appropriation in the amount of One Hundred Five Thou-
sand Seven Hundred Seventy-Three Dollars ($105,773) to
the office of the State's Attorney of Baltimore City to
be used for the prosecution and other duties related to
sexual offenses in Baltimore City, in accordance with the
provisions of Article VI, Section 2(h) (2) of the Balti-
more City Charter (1964 Revision).
1106 ORDINANCES Ord. No. 899
Whereas, the money appropriated herein represents a
grant from a public source which could not be expected with
reasonable certainty at the time of the formulation of the
1978-1979 Ordinance of Estimates; and
Whereas, the supplementary special fund appropriation
ordained herein has been recommended to the City Council
by the Board of Estimates, said recommendation having
been made at a regular meeting of said Board held on the
6th day of September, 1978, all in accordance with Article
VI, Section 2(h) (2) of the 1964 revised Charter of Balti-
more City.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That under the provisions of Article VI, Sec-
tion 2(h) (2) of the 1964 revision of the Charter of Balti-
more City, the sum of One Hundred Five Thousand Seven
Hundred Seventy-Three Dollars ($105,773) shall be made
available to the Office of the State's Attorney of Baltimore
City of the City of Baltimore as a supplementary special
fund appropriation for the fiscal year ending June 30, 1979
for the purpose of prosecution and other duties related
to sexual offenses in Baltimore City. The amount thus made
available as a supplementary special fund appropriation
shall be expended from a grant of funds to the Mayor and
City Council of Baltimore by the Federal Law Enforcement
Assistance Administration ($101,813) and the State Com-
mission on Law Enforcement and Administration of Justice
($3,960), said sums being specifically allotted to the Mayor
and City Council of Baltimore for the aforesaid purpose;
and said funds from said Federal Law Enforcement Assist-
ance Administration and State Commission on Law Enforce-
ment and Administration of Justice shall be the sources of
revenue for this supplementary special fund appropriation,
as required by Article VI, Section 2(h) (2) of the 1964 re-
vised Charter of Baltimore City.
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved November 21, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
ORDINANCES 1107
No. 900
(Council No. 1647)
An Ordinance to add a new subsection (d) to Section 16 of
Article 22 of the Baltimore City Code (1966 Edition), as
amended, title "Retirement Systems," subtitle "Em-
ployees' Retirement System"; providing for a ninety (90)
day extension period during which period certain non-
City paid employees of the Baltimore Museum of Art may
contract to purchase certain pre-enrollment employment
and receive service credit therefor in the Employees' Re-
tirement System.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That a new subsection (d) be added to Sec-
tion 16 of the Baltimore City Code (1966 Edition), as
amended, title "Retirement Systems," subtitle "Em-
ployees' Retirement System," to follow immediately after
subsection (c) of Section 16 of said Article and to read as
follows:
(d) Notwithstanding anything to the contrary con-
tained vn this subtitle, any non-City paid employee of the
Baltimore Museum of Art who became a Member of the
Employees' Retirement System of Baltimore City during
the month of February, 1977, and who did not receive serv-
ice credit in the Employees' Retirement System or the
Maryland State Retirement System for any previous em-
ployment either as a temporary, provisional, contract, emer-
gency or similar employee, or as an official of the City of
Baltimore or of the State of Maryland, which employment
ripened into regular and permanent employment with es-
sentially the same duties ivhich the employee was perform-
ing prior to obtaining such permanent status, shall be en-
titled to receive service credit for such pre-enrollment or
pre-membership employment. Any person who is a Member
of the Employees' Retirement System and who did not re-
ceive service credit in the Employees' Retirement System
or the Maryland State Retirement System for any previous
regular and permanent employment as a non-City paid em-
ployee of the Baltimore Museum of Art or as an employee
of the City of Baltimore, or the State of Maryland, shall be
entitled to receive service credit for such pre-enrollment or
1108 ORDINANCES Ord. No. 901
pre -membership employment. To obtain such credit the
Member shall file claim therefor with the Board of Trustees
of the Employees' Retirement System within nvnety (90)
days after the effective date of this ordinance, and shall pay
to the Employees' Retirement System, by a single payment
or by an increased rate of contribution, as may be approved
by the Board of Trustees of the Employees' Retirement
System, the contributions, with regular interest, which the
Member would have paid had the Member been a Member
of the Employees' Retirement System of the City of Balti-
more or the Maryland State Retirement System while such
pre-enrollment or pre-membership employment was ren-
dered, and this payment shall be completed at least ninety
(90) days before the effective date of the Member's retire-
ment.
Sec. 2. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved November 22, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 901
(Council No. 775)
An Ordinance to condemn and open, Robert Street lying
within the area of the Upton Project in accordance with
a plat thereof numbered, 312-A-5, prepared by the Sur-
veys and Records Division and filed in the Office of the
Department of Public Works, on the Fourth (4th) day of
January, 1977, and now on file in said office.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the Department of Public Works be, and
they are hereby authorized and directed to condemn, open,
Robert Street lying within the area of the Upton Project
the street hereby directed to be condemned for said opening
being described as follows :
Beginning for the same at the point formed by the inter-
section of the northeast side of Pennsylvania Avenue, as
ORDINANCES 1109
now laid out 66 feet wide and the northwest side of Robert
Street, as now laid out 66 feet wide and running thence
binding on the northwest side of said Robert Street, North-
easterly 90 feet, more or less, to intersect the line of the
southwest side of a 15 foot alley, laid out 90 feet northeast
of said Pennsylvania Avenue, if projected northwesterly;
thence binding reversely on said line so projected, South-
easterly 66 feet, to intersect the southeast side of said
Robert Street; thence binding on the southeast side of
said Robert Street, Southwesterly 90 feet, more or less,
to intersect the northeast side of said Pennsylvania Avenue
and thence binding on the northeast side of said Penn-
sylvania Avenue, Northwesterly 66 feet to the place of
beginning.
the said Robert Street as directed to be condemned being
more particularly described and referred to among the
Land Records of Baltimore City and delineated and par-
ticularly shown on a plat numbered 312-A-5 which was filed
in the Office of the Department of Public Works on the
Fourth (4th) day of January in the year 1977, and is now
on file in said Office.
Sec. 2. And be it further ordained, That the proceedings
of said Department of Public Works, with reference to the
condemnation and opening of said Robert Street and the
proceedings and rights of all parties interested or affected
thereby, shall be regulated by, and be in accordance with,
any and all applicable provisions of Article 4 of the Code of
Public Local Laws of Maryland and the Charter of Bal-
timore City (1964 Revision) as amended to July 1, 1973 and
any and all amendments thereto, and any and all other
Acts of the General Assembly of Maryland, and any and all
ordinances of the Mayor and City Council of Baltimore,
and any and all rules or regulations in effect which have
been adopted by the Director of Public Works and filed with
the Department of Legislative Reference.
Sec. 3. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved December 6, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
1110 ORDINANCES Ord. No. 902
No. 902
(Council No. 776)
An Ordinance to condemn and close Robert Street lying
within the area of the Upton Project in accordance with
a plat thereof numbered 312-A-5A, prepared by the Sur-
veys and Records Division and filed in the Office of the
Department of Public Works ,_on the Fourth (4th) day of
January, 1977, and now on file in said office.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the Department of Public Works be, and
they are hereby authorized and directed to condemn and
close Robert Street lying within the area of the Upton
Project the street hereby directed to be condemned for said
closing being described as follows :
Beginning for the same at the point formed by the inter-
section of the northeast side of Pennsylvania Avenue, as
now laid out 66 feet wide and the northwest side of Robert
Street, as now laid out 66 feet wide and running thence
binding on the northwest side of said Robert Street, North-
easterly 90 feet, more or less, to intersect the line of the
southwest side of a 15 foot alley, laid out 90 feet northeast
of said Pennsylvania Avenue, if projected northwesterly;
thence binding reversely on said line so projected, South-
easterly 66 feet to intersect the southeast side of said Robert
Street ; thence binding on the southeast side of said Robert
Street, Southwesterly 90 feet, more or less, to intersect the
northeast side of said Pennsylvania Avenue and thence
binding on the northeast side of said Pennsylvania Avenue,
Northwesterly 66 feet to the place of beginning.
the said Robert Street as directed to be condemned being
more particularly described and referred to among the
Land Records of Baltimore City and delineated and par-
ticularly shown on a plat numbered 312-A-5A which was
filed in the Office of the Department of Public Works on the
Fourth (4th) day of January, in the year 1977 and is now
on file in the said Office.
Sec. 2. And be it further ordained, That after said high-
way or highways shall have been closed under the provisions
of this ordinance, all subsurface structures and appur-
ORDINANCES 1111
tenances now owned by the Mayor and City Council of Bal-
timore, shall be and continue to be the property of the Mayor
and City Council of Baltimore, in fee simple, until the use
thereof shall be abandoned by the Mayor and City Council
of Baltimore, and in the event that any person, firm or
corporation shall first obtain permission and permits there-
for from the Mayor and City Council of Baltimore, and shall
in the application for such permission and permits agree
to pay all costs and charges of every kind and nature made
necessary by such removal, alternation or interference.
Sec. 3. And be it further ordained, That no buildings or
structures of any kind shall be constructed or erected in
said portion of said highway or highways after the same
shall have been closed under the provisions of this ordinance
until the subsurface structures and appurtenances now
owned by the Mayor and City Council of Baltimore, over
which said buildings or structures are proposed to be con-
structed or erected shall have been abandoned or shall have
been removed and relaid in accordance with the specifica-
tions and under the direction of the Director of Public
Works of Baltimore City, and at the expense of the person
or persons or body corporate desiring to erect such build-
ings or structures. Railroad tracks shall be taken to be
"structures" within the meaning of this section.
Sec. 4. And be it further ordained, That after said high-
way or highways shall have been closed under the provi-
sions of this ordinance, all subsurface structures and appur-
tenances owned by any person, firm or corporation, other
than the Mayor and City Council of Baltimore, shall upon
notice from the Director of Public Works of Baltimore City,
be promptly removed by and at the expense of the said
owners.
Sec. 5. And be it further ordained, That on and after the
closing of said highway or highways, the said Mayor and
City Council of Baltimore, acting through its duly author-
ized representatives, shall, at all times, have access to said
property and to all subsurface structures and appur-
tenances used by it therein, for the purposes of inspection,
maintenance, repair, alteration, relocation and/or replace-
ment, of any or all of said structures and appurtenances,
1112 ORDINANCES Ord. No. 903
and this without permission from or compensation to the
owner or owners of said land.
Sec. 6. And be it further ordained, That the proceedings
of said Department of Public Works with reference to the
condemnation and closing of said Robert Street and the
proceedings and rights of all parties interested or affected
thereby, shall be regulated by, and be in accordance with,
any and all applicable provisions of Article 4 of the Code
of Public Local Laws of Maryland and the Charter of Bal-
timore City (1964 Revision) as amended to July 1, 1973
and any and all amendments thereto, and any and all other
Acts of the General Assembly of Maryland, and any and all
ordinances of the Mayor and City Council of Baltimore, and
any and all rules or regulations in effect which have been
adopted by the Director of Public Works and filed with the
Department of Legislative Reference.
Sec. 7. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved December 6, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 903
(Council No. 1152)
An Ordinance to condemn and open, a portion of a 20 foot
alley laid out 154 feet southwest of Homestead Street
and extending from Kirk Avenue Southeasterly 420 feet
to a 14 foot alley there situate and lying within the area
of the proposed Coldstream-Homestead-Montebello Ur-
ban Renewal Project in accordance with a plat thereof
numbered, 332-A-9, prepared by the Surveys and Records
Division and filed in the Office of the Department of
Public Works, on the Twenty-fourth (24th) day of June,
1977, and now on file in said office.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the Department of Public Works be,
ORDINANCES 1113
and they are hereby authorized and directed to condemn,
open, a portion of a 20 foot alley laid out 154 feet south-
west of Homestead Street and extending from Kirk Avenue
Southeasterly 420 feet to a 14 foot alley there situate and
lying within the area of the proposed Coldstream-Home-
stead-Montebello Urban Renewal Project the said portion
of a 20 foot alley hereby directed to be condemned for
said opening being described as follows :
Beginning for the same at the point formed by the in-
tersection of the southeast side of Kirk Avenue, as now
laid out 75 feet wide and the southwest side of a 20 foot
alley laid out 154 feet southwest of Homestead Street, as
now laid out 50 feet wide and running thence binding on
the southeast side of said Kirk Avenue, Northeasterly 4
feet, more or less, to intersect a line drawn parallel with
and distant 4 feet northeasterly, measured at right angles
from the southwest side of said 20 foot alley ; thence bind-
ing on said line so drawn, Southeasterly 101 feet, more or
less, to intersect a line drawn parallel with and distant
1 foot southeasterly, measured at right angles from the
southeast side of a 15 foot alley laid out 85 feet southeast
of said Kirk Avenue; thence binding on last said line so
drawn, Northeasterly 16 feet, more or less, to intersect the
northeast side of said 20 foot alley; thence binding on the
northeast side of said 20 foot alley, Southeasterly 159 feet,
more or less, to intersect a line drawn parallel with and
distant 16 feet northwesterly, measured at right angles
from the northwest outline of the property known as 1539
Homestead Street; thence binding on last said line so
drawn, Southwesterly 16 feet, more or less, to intersect
said line drawn parallel with and distant 4 feet north-
easterly, measured at right angles from the southwest side
of said 20 foot alley; thence binding on last said line so
drawn, Southeasterly 160 feet, more or less, to intersect
the northwest side of a 14 foot alley there situate; thence
binding on the northwest side of said 14 foot alley, South-
westerly 4 feet, more or less, to the southwest side of said
20 foot alley and thence binding on the southwest side of
said 20 foot alley, Northwesterly 420 feet, more or less, to
the place of beginning.
The said portion of a 20 foot alley as directed to be con-
demned being more particularly described and referred to
1114 ORDINANCES Ord. No. 904
among the Land Records of Baltimore City and delineated
and particularly shown on a plat numbered 332-A-9 which
was filed in the Office of the Department of Public Works on
the Twenty-fourth (24th) day of June in the year 1977, and
is now on file in said Office.
Sec. 2. And be it further ordained, That the proceedings
of said Department of Public Works, with reference to the
condemnation and opening of said portion of a 20 foot alley
and the proceedings and rights of all parties interested or
affected thereby, shall be regulated by, and be in accordance
with, any and all applicable provisions of Article 4 of the
Code of Public Local Laws of Maryland and the Charter of
Baltimore City (1964 Revision) as amended to July 1, 1973
and any and all amendments thereto, and any and all
other Acts of the General Assembly of Maryland, and any
and all ordinances of the Mayor and City Council of Balti-
more, and any and all rules or regulations in effect which
have been adopted by the Director of Public Works and
filed with the Department of Legislative Reference.
SEC. 3. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved December 6, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 904
(Council No. 1153)
An Ordinance to condemn and close a portion of a 20 foot
alley laid out 154 feet southwest of Homestead Street
and extending from Kirk Avenue Southeasterly 420 feet
to a 14 foot alley there situate and lying within the area
of the proposed Coldstream-Homestead-Montebello Ur-
ban Renewal Project in accordance with a plat thereof
numbered 332-A-9A, prepared by the Surveys and Rec-
ords Division and filed in the Office of the Department
of Public Works, on the Twenty-fourth (24th) day of
June, 1977, and now on file in said office.
ORDINANCES 1115
SECTION 1. Be it ordained by the Mayor and City Council
of Baltimore, That the Department of Public Works be,
and they are hereby authorized and directed to condemn
and close a portion of a 20 foot alley laid out 154 feet
southwest of Homestead Street and extending from Kirk
Avenue Southeasterly 420 feet to a 14 foot alley there situ-
ate and lying within the area of the proposed Coldstream-
Homestead-Montebello Urban Renewal Project the said
portion of a 20 foot alley hereby directed to be condemned
for said closing being described as follows :
Beginning for the same at the point formed by the in-
tersection of the southeast side of Kirk Avenue, as now
laid out 75 feet wide and the southwest side of a 20 foot
alley laid out 154 feet southwest of Homestead Street, as
now laid out 50 feet wide and running thence binding on
the southeast side of said Kirk Avenue, Northeasterly 4
feet, more or less, to intersect a line drawn parallel with
and distant 4 feet northeasterly, measured at right angles
from the southwest side of said 20 foot alley; thence bind-
ing on said line so drawn Southeasterly 101 feet, more or
less, to intersect a line drawn parallel with and distant 1
foot southeasterly, measured at right angles from the
southeast side of a 15 foot alley laid out 85 feet southeast
of said Kirk Avenue; thence binding on last said line so
drawn, Northeasterly 16 feet, more or less, to intersect the
northeast side of said 20 foot alley; thence binding on the
northeast side of said 20 foot alley, Southeasterly 159 feet,
more or less, to intersect a line drawn parallel with and
distant 16 feet northwesterly measured at right angles
from the northwest outline of the property known as 1539
Homestead Street; thence binding on last said line so
drawn, Southwesterly 16 feet, more or less, to intersect
said line drawn parallel with and distant 4 feet northeast-
erly, measured at right angles from the southwest side of
said 20 foot alley; thence binding on last said line so
drawn, Southeasterly 160 feet, more or less, to intersect
the northwest side of a 14 foot alley there situate ; thence
binding on the northwest side of said 14 foot alley, South-
westerly 4 feet, more or less, to the southwest side of said
20 foot alley and thence binding on the southwest side of
said 20 foot alley, Northwesterly 420 feet, more or less, to
the place of beginning.
1116 ORDINANCES Ord. No. 904
The said portion of a 20 foot alley as directd to be con-
demned being more particularly described and referred to
among the Land Records of Baltimore City and delineated
and particularly shown on a plat numbered 332-A-9A
which was filed in the Office of the Department of Public
Works on the Twenty-fourth (24th) day of June, in the
year 1977 and is now on file in the said Office.
Sec. 2. And be it further ordained, That after said high-
way or highways shall have been closed under the provi-
sions of this ordinance, all subsurface structures and
appurtenances now owned by the Mayor and City Council
of Baltimore, shall be and continue to be the property of
the Mayor and City Council of Baltimore, in fee simple,
until the use thereof shall be abandoned by the Mayor and
City Council of Baltimore, and in the event that any per-
son, firm or corporation shall first obtain permission and
permits therefor from the Mayor and City Council of Bal-
timore, and shall in the application for such permission and
permits agree to pay all costs and charges of every kind
and nature made necessary by such removal, alternation
ALTERATION or interference.
Sec. 3. And be it further ordained, That no buildings
or structures of any kind shall be constructed or erected
in said portion of said highway or highways after the same
shall have been closed under the provisions of this ordi-
nance until the subsurface structures and appurtenances
now owned by the Mayor and City Council of Baltimore,
over which said buildings or structures are proposed to be
constructed or erected shall have been abandoned or shall
have been removed and relaid in accordance with the spe-
cifications and under the direction of the Director of Pub-
lic Works of Baltimore City, and at the expense of the
person or persons or body corporate desiring to erect such
buildings or structures. Railroad tracks shall be taken to be
"structures" within the meaning of this section.
Sec. 4. And be it further ordained, That after said high-
way or highways shall have been closed under the provi-
sions of this ordinance, all subsurface structures and
appurtenances owned by any person, firm or corporation,
other than the Mayor and City Council of Baltimore, shall
ORDINANCES 1117
upon notice from the Director of Public Works of Balti-
more City, be promptly removed by and at the expense of
the said owners.
Sec. 5. And be it further ordained, That on and after
the closing of said highway or highways, the said Mayor
and City Council of Baltimore, acting through its duly
authorized representatives, shall, at all times, have access
to said property and to all subsurface structures and appur-
tenances used by it therein, for the purposes of inspection,
maintenance, repair, alteration, relocation and/or replace-
ment, of any or all of said structures and appurtenances,
and this without permission from or compensation to the
owner or owners of said land.
Sec. 6. And be it further ordained, That the proceedings
of said Department of Public Works with reference to the
condemnation and closing of said portion of a 20 foot alley
and the proceedings and rights of all parties interested or
affected thereby, shall be regulated by, and be in accord-
ance with, any and all applicable provisions of Article 4
of the Code of Public Local Laws of Maryland and the
Charter of Baltimore City (1964 Revision) as amended
to July 1, 1973 and any and all amendments thereto, and
any and all other Acts of the General Assembly of Mary-
land, and any and all ordinances of the Mayor and City
Council of Baltimore, and any and all rules or regulations
in effect which have been adopted by the Director of Public
Works and filed with the Department of Legislative Refer-
ence.
Sec. 7. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved December 6, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
1118 ORDINANCES Ord. No. 905
No. 905
(Council No. 1154)
An Ordinance to condemn and open, certain streets and
alleys or portions thereof lying within the proposed
Boulevard in accordance with a plat thereof numbered,
332-A-3, prepared by the Surveys and Records Division
and filed in the Office of the Department of Public
Works, on the Twenty-sixth (26th) day of May, 1977,
and now on file in said office.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the Department of Public Works be,
and they are hereby authorized and directed to condemn,
open, certain streets and alleys or portions thereof lying
within the proposed Boulevard the streets and alleys or
portions thereof hereby directed to be condemned for said
opening being described as follows :
Sheet 1 of 2 comprising (1) An alley, varying in width
from 8 feet to 5 feet, laid out 98 feet south of Fayette
Street and extending from Pine Street Westerly 95 feet,
more or less, to the end thereof and designated as Parcel
No. 1; (2) Fairmount Avenue and extending from Pine
Street Westerly 124.50 feet, more or less, to the end thereof
and designated as Parcel No. 2, and (3) a 3 foot alley, laid
out 30 feet south of Fairmount Avenue, and extending from
Pine Street Westerly 50 feet, more or less, to the end
thereof and designated as Parcel No. 3.
Sheet 2 of 2 comprising (1) a 6.5 foot alley laid out
73.73 feet south of Lexington Street and extending from
Pine Street Westerly 21 feet, more or less, to the end
thereof and designated as Parcel No. 4 and (2) Vine Street,
30 feet wide, and extending from Pine Street Westerly
43.50 feet, more or less, to the end thereof and designated
as Parcel No. 5.
The said streets and alleys as directed to be condemned
being more particularly described and referred to among
the Land Records of Baltimore City and delineated and
particularly shown on a plat numbered 332-A-3 which was
filed in the Office of the Department of Public Works on
ORDINANCES 1119
the Twenty-sixth (26th) day of May in the year 1977, and
is now on file in said Office.
SEC. 2. And be it further ordained, That the proceedings
of said Department of Public Works, with reference to
the condemnation and opening of said streets and alleys
and the proceedings and rights of all parties interested or
affected thereby, shall be regulated by, and be in accord-
ance with, any and all applicable provisions of Article 4 of
the Code of Public Local Laws of Maryland and the Charter
of Baltimore City (1964 Revision) as amended to July 1,
1973 and any and all amendments thereto, and any and all
other Acts of the General Assembly of Maryland, and any
and all ordinances of the Mayor and City Council of Balti-
more, and any and all rules or regulations in effect which
have been adopted by the Director of Public Works and
filed with the Department of Legislative Reference.
Sec. 3. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved December 6, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 906
(Council No. 1155)
An Ordinance to condemn and close certain streets and
alleys or portions thereof located within the proposed
Boulevard and portions of Ordinance No. 1048 approved
June 21, 1967 in accordance with a plat thereof num-
bered 332-A-3A, prepared by the Surveys and Records
Division and filed in the Office of the Department of
Public Works, on the Twenty-sixth (26th) day of May,
1977, and now on file in said office.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the Department of Public Works be,
and they are hereby authorized and directed to condemn
1120 ORDINANCES Ord. No. 906
and close certain streets and alleys or portions thereof lo-
cated within the proposed Boulevard and portions of
Ordinance No. 1048 approved June 21, 1967 the streets and
alleys or portions thereof hereby directed to be condemned
for said closing being described as follows :
Sheet 1 of 2 comprising Parcel No.'s :
1 — An alley, varying in width from 8 feet to 5 feet, laid
out 98 feet south of Fayette Street and extending from
Pine Street Westerly 95 feet, more or less, to the end
thereof and designated as Parcel No. 1.
2 — Fairmount Avenue and extending from Pine Street
Westerly 124.50 feet, more or less, to the end thereof and
designated as Parcel No. 2.
3 — A 3 foot alley, laid out 30 feet south of Fairmount
Avenue and extending from Pine Street Westerly 50 feet,
more or less, to the end thereof and designated as Parcel
No. 3.
4 — A portion of Ordinance No. 1048 approved June 21,
1967 and bounded by Fayette Street, the west outline of the
property known as No. 709 W. Fayette Street and the
existing right of way line and designated as Parcel No. 4.
5 — A portion of Ordinance No. 1048 approved June 21,
1967 and bounded by Fairmount Avenue, the proposed
right of way line, the west outline of the property known
as No. 711% W. Fayette Street, the north outline of the
property known as No. 706 W. Fairmount Avenue and the
existing right of way line and designated as Parcel No. 5.
6 — A portion of Ordinance No. 1048 approved June 21,
1967 and bounded by Baltimore Street, the proposed right
of way line, Fairmount Avenue, the east outline of the prop-
erty known as No. 716/718 W. Baltimore Street and the
existing right of way line and designated as Parcel No. 6.
Sheet 2 of 2 comprising Parcel No.'s:
7 — A 6.5 foot alley, laid out 73.73 feet south of Lexington
Street and extending from Pine Street Westerly 21 feet,
more or less, to the end thereof and designated as Parcel
No. 7.
ORDINANCES 1121
8 — Vine Street, 30 feet wide, and extending from Pine
Street Westerly 43.50 feet, more or less, to the end thereof
and designated as Parcel No. 8.
9 — A portion of Ordinance No. 1048 approved June 21,
1967 and bounded by Vine Street, the proposed right of
way line, Lexington Street, the right of way line, the north,
west and south outlines of the property known as No. 114
N. Pine Street and the existing right of way line, and
designated as Parcel No. 9.
10 — A portion of Ordinance No. 1048 approved June 21,
1967 and bounded by Fayette Street, the proposed right of
way line, Vine Street, and the existing right of way line
and designated as Parcel No. 10.
The said streets and alleys or portions thereof as di-
rected to be condemned being delineated and particularly
shown on a plat numbered 332-A-3A which was filed in the
Office of the Department of Public Works on the Twenty-
sixth (26th) day of May, in the year 1977 and is now on
file in the said Office.
Sec. 2. And be it further ordained, That after said high-
way or highways shall have been closed under the provi-
sions of this ordinance, all subsurface structures and
appurtenances now owned by the Mayor and City Council
of Baltimore, shall be and continue to be the property of
the Mayor and City Council of Baltimore, in fee simple,
until the use thereof shall be abandoned by the Mayor and
City Council of Baltimore, and in the event that any person,
firm or corporation shall first obtain permission and per-
mits therefor from the Mayor and City Council of Baltimore,
and shall in the application for such permission and per-
mits agree to pay all costs and charges of every kind and
nature made necessary by such removal, alternation AL-
TERATION or interference.
Sec. 3. And be it further ordained, That no buildings or
structures of any kind shall be constructed or erected in
said portion of said highway or highways after the same
shall have been closed under the provisions of this ordi-
nance until the subsurface structures and appurtenances
now owned by the Mayor and City Council of Baltimore,
1122 ORDINANCES Ord. No. 906
over which said buildings or structures are proposed to be
constructed or erected shall have been abandoned or shall
have been removed and relaid in accordance with the spe-
cifications and under the direction of the Director of Pub-
lic Works of Baltimore City, and at the expense of the
person or persons or body corporate desiring to erect such
buildings or structures. Railroad tracks shall be taken to
be "structures" within the meaning of this section.
Sec. 4. And be it further ordained, That after said high-
way or highways shall have been closed under the provi-
sions of this ordinance, all subsurface structures and
appurtenances owned by any person, firm or coporation,
CORPORATION, other than the Mayor and City Council of
Baltimore, shall upon notice from the Director of Public
Works of Baltimore City, be promptly removed by and at
the expense of the said owners.
Sec. 5. And be it further ordained, That on and after
the closing of said highway or highways, the said Mayor
and City Council of Baltimore, acting through its duly
authorized representatives, shall, at all times, have access
to said property and to all subsurface structures and ap-
purtenances used by it therein, for the purposes of inspec-
tion, maintenance, repair, alteration, relocation and/or
replacement, of any or all of said structures and appurte-
nances, and this without permission from or compensation
to the owner or owners of said land.
Sec. 6. And be it further ordained, That the proceedings
of said Department of Public Works with reference to the
condemnation and closing of said streets and alleys or
portions thereof and the proceedings and rights of all
parties interested or affected thereby, shall be regulated
by, and be in accordance with, any and all applicable
provisions of Article 4 of the Code of Public Local Laws of
Maryland and the Charter of Baltimore City (1964 Revi-
sion) as amended to July 1, 1973 and any and all amend-
ments thereto, and any and all other Acts of the General
Assembly of Maryland, and any and all ordinances of the
Mayor and City Council of Baltimore, and any and all
rules or regulations in effect which have been adopted by
ORDINANCES 1123
the Director of Public Works and filed with the Depart-
ment of Legislative Reference.
Sec. 7. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved December 6, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 907
(Council No. 1694)
An Ordinance to authorize the use of the property generally
known as 3101 Towanda Avenue, as outlined in red on
the plats accompanying this ordinance, for Drug Abuse
Rehabilitation and Treatment Center in the R-8 Zoning
District pursuant to Sections 4.8-ld and 11.0-6d of Ar-
ticle 30 of the Baltimore City Code (1976 Edition), Title
1 'Zoning", subject to the condition of continuing certifi-
cation by the State of Maryland Drug Abuse Adminis-
tration.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the property generally known as 3101
Towanda Avenue, as outlined in red on the plats accom-
panying this ordinance, be and it is hereby authorized for
use as a Drug Abuse Rehabilitation and Treatment Center
in the R-8 Zoning District pursuant to Sections 4.8-ld and
11.0-6d of Article 30 of the Baltimore City Code (1976 Edi-
tion), Title "Zoning", subject to the condition of continuing
certification by the State of Maryland Drug Abuse Ad-
ministration.
Sec. 2. And be it further ordained, That upon passage of
this ordinance by the City Council, as evidence of the au-
thenticity of the plat which is a part hereof and in order to
give notice to the departments which are administering the
Zoning Ordinance, the President of the City Council shall
sign the plat and, when the Mayor approves the ordinance,
1124 ORDINANCES Ord. No. 908
he shall sign the plat. The City Treasurer shall then trans-
mit a copy of the ordinance and one of the plats to the fol-
lowing: the Board of Municipal and Zoning Appeals, the
Planning Commission, the Commissioner of the Department
of Housing and Community Development, and the Zoning
Administrator.
Sec. 3. And be it further ordained, That this ordinance
shall take effect thirty days from the date of its passage.
Approved December 6, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 908
(Council No. 1784)
An Ordinance to repeal Ordinance No. 30, approved April 1,
1976, said ordinance being titled "An Ordinance to add
new Section 248 (99a) to Article 31 of the Baltimore
City Code (1966 Edition), title Transit and Traffic,'
subtitle 'Parking and Stopping,' providing for reserved
parking on Plum Street near Pennington Avenue for
Lorraine Rodgers."
SECTION 1. Be it ordained by the Mayor and City Council
of Baltimore, That Ordinance No. 30, approved April 1,
1976, be and it is hereby repealed.
Sec. 2. And be it further ordained, That this ordinance
shall take effect on the date of its passage.
Approved December 6, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
ORDINANCES 1125
No. 909
(Council No. 1929)
An Ordinance to condemn and open, St. Paul Street, 61.6
feet wide, and extending from Monument Street, South-
erly 367 feet, more or less, to the north side of Centre
Street, 66 feet wide, as shown on the Mt. Vernon Project
final subdivision plan in accordance with a plat thereof
numbered, 293-A-4, prepared by the Surveys and Records
Division and filed in the Office of the Department of
Public Works, on the Seventeenth (17th) day of July,
1978, and now on file in said office.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the Department of Public Works be, and
they are hereby authorized and directed to condemn, open,
St. Paul Street, 61.6 feet wide, and extending from Monu-
ment Street, Southerly 367 feet, more or less, to the north
side of Centre Street, 66 feet wide, as shown on the Mt.
Vernon Project final subdivision plan the street hereby
directed to be condemned for said opening being described
as follows:
Beginning for the same at the point formed by the inter-
section of the east side of St. Paul Street, as now laid out
61.6 feet wide, and the south side of Monument Street, as
now laid out 66 feet wide, and running thence binding on
the east side of said St. Paul Street, South 03°-12'-10"
East 367.2 feet to intersect the north side of Centre Street,
66 feet wide, as shown on the Mt. Vernon Project final
subdivision plan; thence binding on the north side of said
Centre Street, Westerly 61.6 feet to intersect the west side
of said St. Paul Street ; thence binding on the west side of
said St. Paul Street, Northerly 367 feet, more or less, to
intersect the line of the south side of said Monument Street,
if projected westerly and thence binding on said line so
projected, Easterly 61.6 feet to the place of beginning.
the said St. Paul Street as directed to be condemned being
more particularly described and referred to among the
Land Records of Baltimore City and delineated and par-
ticularly shown on a plat numbered 293-A-4 which was
filed in the Office of the Department of Public Works on
1126 ORDINANCES Ord. No. 910
the Seventeenth (17th) day of July in the year 1978, and
is now on file in said Office.
Sec. 2. And be it further ordained, That the proceedings
of said Department of Public Works, with reference to the
condemnation and opening of said St. Paul Street and the
proceedings and rights of all parties interested or affected
thereby, shall be regulated by, and be in accordance with,
any and all applicable provisions of Article 4 of the Code of
Public Local Laws of Maryland and the Charter of Balti-
more City (1964 Revision) as amended to July 1, 1973 and
any and all amendments thereto, and any and all other Acts
of the General Assembly of Maryland, and any and all ordi-
nances of the Mayor and City Council of Baltimore, and
any and all rules or regulations in effect which have been
adopted by the Director of Public Works and filed with the
Department of Legislative Reference.
Sec. 3. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved December 6, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 910
(Council No. 1930)
An Ordinance to condemn and close a 1.6 foot wide portion
of St. Paul Street, 61.6 feet wide, contiguous to the east
side thereof and extending from Monument Street,
South 03°-12'-10" East 367.2 feet to the north side of
Centre Street, 66 feet wide, as shown on the Mt. Vernon
Project final subdivision plan in accordance with a plat
thereof numbered 293-A-4A, prepared by the Surveys
and Records Division and filed in the Office of the De-
partment of Public Works, on the Seventeenth (17th)
day of July 1978, and now on file in said office.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the Department of Public Works be,
ORDINANCES 1127
and they are hereby authorized and directed to condemn
and close a 1.6 foot wide portion of St. Paul Street, 61.6
feet wide, contiguous to the east side thereof and extend-
ing from Monument Street, South 03°-12'-10" East 367.2
feet to the north side of Centre Street, 66 feet wide, as
shown on the Mt. Vernon Project final subdivision plan
the portion of street hereby directed to be condemned for
said closing being described as follows :
Beginning for the same at the point formed by the inter-
section of the east side of St. Paul Street, as now laid out
61.6 feet wide, and the south side of Monument Street,
as now laid out 66 feet wide, and running thence binding
on the east side of said St. Paul Street, South 03°-12'-10"
East 367.2 feet to intersect the north side of Centre Street,
66 feet wide, as shown on the Mt. Vernon Project final
subdivision plan; thence binding on the north side of said
Centre Street, South 87°-06'-30" West 1.6 feet to intersect
the east side of St. Paul Street, 60 feet wide, as shown on
said final subdivision plan ; thence binding on the east side
of last said St. Paul Street, North 03°-12'-10" West 367.2
feet to intersect the south side of said Monument Street
and thence binding on the south side of said Monument
Street, North 87°-15'-00" East 1.6 feet to the place of
beginning.
the said portion of St. Paul Street as directed to be con-
demned being delineated and particularly shown on a plat
numbered 293-A-4A which was filed in the Office of the
Department of Public Works on the Seventeenth (17th)
day of July, in the year 1978 and is now on file in the
said Office.
SEC. 2. And be it further ordained, That after said high-
way or highways shall have been closed under the provisions
of this ordinance, all subsurface structures and appurte-
nances now owned by the Mayor and City Council of
Baltimore, shall be and continue to be the property of the
Mayor and City Council of Baltimore, in fee simple, until
the use thereof shall be abandoned by the Mayor and City
Council of Baltimore, and in the event that any person,
firm or corporation shall first obtain permission and per-
mits therefor from the Mayor and City Council of Balti-
more, and shall in the application for such permission and
1128 ORDINANCES Ord. No. 910
permits agree to pay all costs and charges of every kind
and nature made necessary by such removal, alteration
or interference.
Sec. 3. And be it further ordained, That no buildings or
structures of any kind shall be constructed or erected in
said portion of said highway or highways after the same
shall have been closed under the provisions of this ordi-
nance until the subsurface structures and appurtenances
now owned by the Mayor and City Council of Baltimore,
over which said buildings or structures are proposed to be
constructed or erected shall have been abandoned or shall
have been removed and relaid in accordance with the
specifications and under the direction of the Director of
Public Works of Baltimore City, and at the expense of the
person or persons or body corporate desiring to erect such
buildings or structures. Railroad tracks shall be taken to
be "structures" within the meaning of this section.
Sec. 4. And be it further ordained, That after said high-
way or highways shall have been closed under the provi-
sions of this ordinance, all subsurface structures and ap-
purtenances owned by any person, firm or corporation,
other than the Mayor and City Council of Baltimore, shall
upon notice from the Director of Public Works of Balti-
more City, be promptly removed by and at the expense of
the said owners.
Sec. 5. And be it further ordained, That on and after
the closing of said highway or highways, the said Mayor
and City Council of Baltimore, acting through its duly
authorized representatives, shall, at all times, have access
to said property and to all subsurface structures and ap-
purtenances used by it therein, for the purposes of inspec-
tion, maintenance, repair, alteration, relocation and/or
replacement, of any or all of said structures and appur-
tenances, and this without permission from or compensa-
tion to the owner or owners of said land.
Sec. 6. And be it further ordained, That the proceedings
of said Department of Public Works with reference to the
condemnation and closing of said portion of St. Paul Street
and the proceedings and rights of all parties interested or
affected thereby, shall be regulated by, and be in accord-
ORDINANCES 1129
ance with, any and all applicable provisions of Article 4
of the Code of Public Local Laws of Maryland and the
Charter of Baltimore City (1964 Revision) as amended to
July 1, 1973 and any and all amendments thereto, and any
and all other Acts of the General Assembly of Maryland,
and any and all ordinances of the Mayor and City Council
of Baltimore, and any and all rules or regulations in effect
which have been adopted by the Director of Public Works
and filed with the Department of Legislative Reference.
Sec. 7. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved December 6, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 911
(Council No. 1931)
An Ordinance to condemn and open, certain alleys within
the area bounded by Caroline Street, Fairmount Avenue,
Bond Street and Baltimore Street and lying within the
Washington Hill-Chapel Neighborhood Development Pro-
gram in accordance with a plat thereof numbered, 309-A-
20, prepared by the Surveys and Records Division and
filed in the Office of the Department of Public Works, on
the Ninth (9th) day of August, 1978, and now on file in
said office.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the Department of Public Works be, and
they are hereby authorized and directed to condemn, open,
certain alleys within the area bounded by Caroline Street,
Fairmount Avenue, Bond Street and Baltimore Street and
lying within the Washington Hill-Chapel Neighborhood
Development Program the alleys hereby directed to be
condemned for said opening being described as follows:
1 — An alley, 4 feet wide, laid out 64 feet north of Balti-
more Street and extending from Caroline Street, Easterly
1130 ORDINANCES Ord. No. 911
67.5 feet, more or less, to the end thereof and designated
as Parcel No. 1.
2 — An alley, varying in width, laid out in the rear of the
properties known as No.'s 5 to 11 Caroline Street and ex-
tending from Ten Pin Alley, laid out 124 feet north of Bal-
timore Street, Southerly 56 feet, more or less, to a 4 foot
alley laid out 64 feet north of Baltimore Street and desig-
nated as Parcel No. 2.
3 — An alley, 3 feet wide, laid out 67.33 feet east of Caro-
line Street and extending from Ten Pin Alley, laid out 124
feet north of Baltimore Street, Northerly 16.5 feet, more or
less, to the end thereof and designated as Parcel No. 3.
4 — An alley, 3 feet wide, laid out 40 feet west of Dallas
Street and extending from Ten Pin Alley, laid out 124 feet
north of Baltimore Street, Northerly 33 feet, more or less, to
the end thereof and designated as Parcel No. 4.
-An alley, 2.5 feet wide, laid out in the rear of the
properties known as No.'s 1507 to 1513 Fairmount Avenue
and extending from Dallas Street, Westerly 48 feet, more or
less, to the end thereof and designated as Parcel No. 5.
6 — An alley, 10 feet wide, laid out in the rear of the
properties known as No.'s 1515 to 1525 Fairmount Avenue
and extending from Dallas Street, Easterly 76 feet, more
or less, to the end thereof and designated as Parcel No. 6.
7 — An alley, 10 feet wide, laid out 104 feet north of Bal-
timore Street and extending from Dallas Street, Easterly
75.5 feet, more or less, to the end thereof and designated as
Parcel No. 7.
the said alleys as directed to be condemned being more
particularly described and referred to among the Land
Records of Baltimore City and delineated and particularly
shown on a plat numbered 309-A-20 which was filed in the
Office of the Department of Public Works on the Ninth
(9th) day of August in the year 1978, and is now on file in
said Office.
Sec. 2. And be it further ordained, That the proceedings
of said Department of Public Works, with reference to the
condemnation and opening of said alleys and the pro-
ORDINANCES 1131
ceedings and rights of all parties interested or affected
thereby, shall be regulated by, and be in accordance with,
any and all applicable provisions of Article 4 of the Code
of Public Local Laws of Maryland and the Charter of Bal-
timore City (1964 Revision) as amended to July 1, 1973 and
any and all amendments thereto, and any and all other
Acts of the General Assembly of Maryland, and any and all
ordinances of the Mayor and City Council of Baltimore,
and any and all rules or regulations in effect which have
been adopted by the Director of Public Works and filed
with the Department of Legislative Reference.
Sec. 3. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved December 6, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 912
(Council No. 1932)
An Ordinance to condemn and close certain alleys or por-
tions thereof within the area bounded by Caroline Street,
Fairmount Avenue, Bond Street and Baltimore Street
and lying within the Washington Hill-Chapel Neighbor-
hood Development Program in accordance with a plat
thereof numbered 309-A-20A, prepared by the Surveys
and Records Division and filed in the Office of the De-
partment of Public Works, on the Ninth (9th) day of
August, 1978, and now on file in said office.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the Department of Public Works be, and
they are hereby authorized and directed to condemn and
close certain alleys or portions thereof within the area
bounded by Caroline Street, Fairmount Avenue, Bond
Street and Baltimore Street and lying within the Washing-
ton Hill-Chapel Neighborhood Development Program the
1132 ORDINANCES Ord. No. 912
alleys or portions thereof hereby directed to be condemned
for said closing being described as follows:
1 — An alley, 4 feet wide, laid out 64 feet north of Balti-
more Street and extending from Caroline Street, Easterly
67.5 feet, more or less, to the end thereof and designated as
Parcel No. 1.
2 — An alley, varying in width, laid out in the rear of the
properties known as No.'s 5 to 11 Caroline Street and ex-
tending from Ten Pin Alley, laid out 124 feet north of
Baltimore Street, Southerly 56 feet, more or less, to a 4
foot alley laid out 64 feet north of Baltimore Street and
designated as Parcel No. 2.
3 — An alley, 3 feet wide, laid out 67.33 feet east of
Caroline Street and extending from the north side of a 20
foot alley as shown on the final subdivision plan of the
Washington Hill-Chapel Neighborhood Development Pro-
gram, Northerly 6.5 feet, more or less, to the end thereof
and designated as Parcel No. 3.
4 — An alley, 3 feet wide, laid out 40 feet west of Dallas
Street and extending from the north side of a 20 foot alley
as shown on the final subdivision plan of the Washington
Hill-Chapel Neighborhood Development Program, North-
erly 23 feet, more or less, to the end thereof and designated
as Parcel No. 4.
5 — An alley, 2.5 feet wide, laid out in the rear of the
properties known as No.'s 1507 to 1513 Fairmount Avenue
and extending from Dallas Street, Westerly 48 feet, more
or less, to the end thereof and designated as Parcel No. 5.
6 — A portion of an alley, 10 feet wide, beginning at the
point formed by the intersection of the east side of Masons
Alley, 10 feet wide, laid out 46.5 feet east of Dallas Street
and the south side of a 10 foot alley, laid out in the rear of
the properties known as No.'s 1515 to 1525 Fairmount
Avenue and running thence binding on the line of the east
side of said Masons Alley, if projected northerly, Northerly
7 feet, more or less, to intersect the line of the north out-
line of the property known as No. 20 Bond Street, if
projected westerly; thence binding reversely on said line
so projected, Easterly 19 feet, more or less, to intersect the
ORDINANCES 1133
easternmost extremity of the 10 foot alley laid out in the
rear of said properties known as No.'s 1515 to 1525 Fair-
mount Avenue; thence binding on the easternmost ex-
tremity of last said 10 foot alley, Southerly 7 feet, more or
less, to the south side of last said 10 foot alley and thence
binding on the south side of last said 10 foot alley, West-
erly 19 feet, more or less, to the place of beginning and
designated as Parcel No. 6.
7 — An alley, 10 feet wide, laid out 104 feet north of
Baltimore Street and extending from the line of the east
side of Masons Alley, if projected southerly, Easterly 19
feet, more or less, to the end thereof and designated as
Parcel No. 7.
the said alleys or portions thereof as directed to be con-
demned being more particularly described and referred to
among the Land Records of Baltimore City and delineated
and particularly shown on a plat numbered 309-A-20A
which was filed in the Office of the Department of Public
Works on the Ninth (9th) day of August, in the year 1978
and is now on file in the said Office.
Sec. 2. And be it further ordained, That after said high-
way or highways shall have been closed under the pro-
visions of this ordinance, all subsurface structures and
appurtenances now owned by the Mayor and City Council
of Baltimore, shall be and continue to be the property of
the Mayor and City Council of Baltimore, in fee simple,
until the use thereof shall be abandoned by the Mayor and
City Council of Baltimore, and in the event that any per-
son, firm or corporation shall first obtain permission and
permits therefor from the Mayor and City Council of Balti-
more, and shall in the application for such permission and
permits agree to pay all costs and charges of every kind and
nature made necessary by such removal, alteration or inter-
ference.
Sec. 3. And be it further ordamed, That no buildings or
structures of any kind shall be constructed or erected in
said portion of said highway or highways after the same
shall have been closed under the provisions of this ordi-
nance until the subsurface structures and appurtenances
now owned by the Mayor and City Council of Baltimore,
1134 ORDINANCES Ord. No. 912
over which said buildings or structures are proposed to be
constructed or erected shall have been abandoned or shall
have been removed and relaid in accordance with the speci-
fications and under the direction of the Director of Public
Works of Baltimore City, and at the expense of the person
or persons or body corporate desiring to erect such build-
ings or structures. Railroad tracks shall be taken to be
1 'structures" within the meaning of this section.
Sec. 4. And be it further ordained, That after said high-
way or highways shall have been closed under the pro-
visions of this ordinance, all subsurface structures and
appurtenances owned by any person, firm or corporation,
other than the Mayor and City Council of Baltimore, shall
upon notice from the Director of Public Works of Balti-
more City, be promptly removed by and at the expense of
the said owners.
Sec. 5. And be it further ordained, That on and after
the closing of said highway or highways, the said Mayor
and City Council of Baltimore, acting through its duly
authorized representatives, shall, at all times, have access
to said property and to all subsurface structures and ap-
purtenances used by it therein, for the purposes of inspec-
tion, maintenance, repair, alteration, relocation and/or re-
placement, of any or all of said structures and appurte-
nances, and this without permission from or compensation
to the owner or owners of said land.
Sec. 6. And be it further ordained, That the proceedings
of said Department of Public Works with reference to the
condemnation and closing of said alleys or portions thereof
and the proceedings and rights of all parties interested or
affected thereby, shall be regulated by, and be in accordance
with, any and all applicable provisions of Article 4 of the
Code of Public Local Laws of Maryland and the Charter of
Baltimore City (1964 Revision) as amended to July 1,
1973 and any and all amendments thereto, and any and all
other Acts of the General Assembly of Maryland, and any
and all ordinances of the Mayor and City Council of Balti-
more, and any and all rules or regulations in effect which
have been adopted by the Director of Public Works and
filed with the Department of Legislative Reference.
ORDINANCES 1135
SEC. 7. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved December 6, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 913
(Council No. 1933)
An Ordinance to condemn and open, certain streets and al-
leys or portions thereof lying within the area of the
Reservoir Hill Urban Renewal Project in accordance with
a plat thereof numbered, 316-A-3, prepared by the Sur-
veys and Records Division and filed in the Office of the
Department of Public Works, on the Twenty-first (21st)
day of August, 1978, and now on file in said office.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the Department of Public Works be, and
they are hereby authorized and directed to condemn, open,
certain streets and alleys or portions thereof lying within
the area of the Reservoir Hill Urban Renewal Project the
streets and alleys hereby directed to be condemned for said
opening being described as follows:
Sheet 1 of 1 comprising a 10 foot alley contiguous to the
west outline of No. 800 Reservoir Street and extending from
a 20 foot alley, laid out in the rear of the properties known
as Nos. 801 through and including 819 Newington Avenue,
Southerly 25 feet, more or less, to a 10 foot alley, laid out
110.10 feet north of Reservoir Street, 66 feet wide, and
designated as Parcel No. 1
the said alley as directed to be condemned being more par-
ticularly described and referred to among the Land Records
of Baltimore City and delineated and particularly shown
on a plat numbered 316-A-3 which was filed in the Office
of the Department of Public Works on the Twenty-first
(21st) day of August in the year 1978, and is now on file in
said Office.
1136 ORDINANCES Ord. No. 914
Sec. 2. And be it further ordained, That the proceedings
of said Department of Public Works, with reference to the
condemnation and opening of said alley and the proceedings
and rights of all parties interested or affected thereby, shall
be regulated by, and be in accordance with, any and all ap-
plicable provisions of Article 4 of the Code of Public Local
Laws of Maryland and the Charter of Baltimore City (1964
Revision) as amended to July 1, 1973 and any and all amend-
ments thereto, and any and all other Acts of the General
Assembly of Maryland, and any and all ordinances of the
Mayor and City Council of Baltimore, and any and all rules
or regulations in effect which have been adopted by the
Director of Public Works and filed with the Department of
Legislative Reference.
Sec. 3. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved December 6, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 914
(Council No. 1934)
An Ordinance to condemn and close certain streets and
alleys or portions thereof lying within the area of the
Reservoir Hill Urban Renewal Project in accordance
with a plat thereof numbered 316-A-3A, prepared by the
Surveys and Records Division and filed in the Office of
the Department of Public Works, on the Twenty-first
(21st) day of August, 1978, and now on file in said office.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the Department of Public Works be,
and they are hereby authorized and directed to condemn
and close certain streets and alleys or portions thereof
lying within the area of the Reservoir Hill Urban Renewal
Project the streets and alleys hereby directed to be con-
demned for said closing being described as follows:
ORDINANCES 1137
Sheet 1 of 1 comprising a 10 foot alley contiguous to
the west outline of No. 800 Reservoir Street and extending
from a 20 foot alley, laid out in the rear of the properties
known as Nos. 801 through and including 819 Newington
Avenue, Southerly 25 feet, more or less, to a 10 foot alley,
laid out 110.10 feet north of Reservoir Street, 66 feet wide
and designated as Parcel No. 1.
the said alley as directed to be condemned being more par-
ticularly described and referred to among the Land Records
of Baltimore City and delineated and particularly shown on
a plat numbered 316-A-3A which was filed in the Office of
the Department of Public Works on the Twenty-first
(21st) day of August, in the year 1978 and is now on file
in the said Office.
Sec. 2. And be it further ordained, That after said high-
way or highways shall have been closed under the provi-
sions of this ordinance, all subsurface structures and ap-
purtenances now owned by the Mayor and City Council of
Baltimore, shall be and continue to be the property of the
Mayor and City Council of Baltimore, in fee simple, until
the use thereof shall be abandoned by the Mayor and City
Council of Baltimore, and in the event that any person,
firm or corporation shall first obtain permission and per-
mits therefor from the Mayor and City Council of Balti-
more, and shall in the application for such permission and
permits agree to pay all costs and charges of every kind
and nature made necessary by such removal, alteration or
interference.
Sec. 3. And be it further ordained, That no buildings or
structures of any kind shall be constructed or erected in
said portion of said highway or highways after the same
shall have been closed under the provisions of this ordi-
nance until the subsurface structures and appurtenances
now owned by the Mayor and City Council of Baltimore,
over which said buildings or structures are proposed to be
constructed or erected shall have been abandoned or shall
have been removed and relaid in accordance with the spec-
ifications and under the direction of the Director of Public
Works of Baltimore City, and at the expense of the person
or persons or body corporate desiring to erect such build-
1138 ORDINANCES Ord. No. 914
ings or structures. Railroad tracks shall be taken to be
"structures" within the meaning of this section.
Sec. 4. And be it further ordained, That after said
highway or highways shall have been closed under the
provisions of this ordinance, all subsurface structures and
appurtenances owned by any person, firm or corporation,
other than the Mayor and City Council of Baltimore, shall
upon notice from the Director of Public Works of Baltimore
City, be promptly removed by and at the expense of the
said owners.
Sec. 5. And be it further ordained, That on and after
the closing of said highway or highways, the said Mayor
and City Council of Baltimore, acting through its duly
authorized representatives, shall, at all times, have access
to said property and to all subsurface structures and ap-
purtenances used by it therein, for the purposes of inspec-
tion, maintenance, repair, alteration, relocation and/or re-
placement, of any or all of said structures and appur-
tenances, and this without permission from or compensa-
tion to the owner or owners of said land.
Sec. 6. And be it further ordained, That the proceedings
of said Department of Public Works with reference to the
condemnation and closing of said alley and the proceedings
and rights of all parties interested or affected thereby,
shall be regulated by, and be in accordance with, any and
all applicable provisions of Article 4 of the Code of Public
Local Laws of Maryland and the Charter of Baltimore City
(1964 Revision) as amended to July 1, 1973 and any and
all amendments thereto, and any and all other Acts of the
General Assembly of Maryland, and any and all ordinances
of the Mayor and City Council of Baltimore, and any and
all rules or regulations in effect which have been adopted
by the Director of Public Works and filed with the Depart-
ment of Legislative Reference.
Sec. 7. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved December 6, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
ORDINANCES 1139
No. 915
(Council No. 1936)
An Ordinance to amend the Renewal Plan for Project 3-C,
which Plan was originally approved by Ordinance No.
1299 dated March 29, 1958, and amended by Ordinance
No. 932 dated July 10, 1961, to, among other things, (1)
create Disposition Lot 1A for semi-public use from that
portion of Jefferson Street which is to be closed between
Wolfe and Orleans Streets; (2) create Parcel A from
the southwestern portion of Disposition Lot 2 for widen-
ing of Orleans Street; (3) revise the standards and
controls on Disposition Lots 1 and 2; (4) update the
Plan to reflect the creation of the Department of Hous-
ing and Community Development and current zoning
district classifications; (5) revise and/or eliminate cer-
tain Exhibits attached to said Plan to indicate the
changes provided therein; (6) waive such requirements,
if any, as to content or procedure for the preparation,
adoption, and approval of renewal plans as set forth in
Section 25 of Article 13 of the Baltimore City Code
419W Cumulative Supplomont) 1976 EDITION, AS
AMENDED; (7) provide for the separability of the
various parts and applications of this ordinance; (8)
provide that where the provisions of this ordinance shall
conflict with any other ordinance, code or regulation, the
provision which establishes the higher standard shall
prevail; and (9) provide for the effective date hereof.
Whereas, the Renewal Plan for Project 3-C was ap-
proved by the Mayor and City Council of Baltimore by
Ordinance No. 1299 dated March 29, 1958, and amended
by Ordinance No. 932 dated July 10, 1961 ; and
Whereas, pursuant to Section 25, Article 13, of the
Baltimore City Code (1977 Supplomont) 1976 EDITION,
AS AMENDED, no substantial change or changes shall be
made in any renewal plan after approval by ordinance,
without such change or changes first being adopted and
approved in the same manner as set forth in said Section
25 for the approval of a renewal plan, namely the prepara-
tion of such change or changes by the Department of
Housing and Community Development, the approval of
1140 ORDINANCES Ord. No. 915
such change or changes by the Director of the Department
of Planning, and approval and adoption by an ordinance of
the Mayor and City Council of Baltimore after a public
hearing in relation thereto, all in the manner set forth in
said Section 25 ; and
Whereas, extensive changes in the Renewal Plan for
Project 3-C make it infeasible to make line-by-line changes;
therefore, the Department of Housing and Community De-
velopment has prepared an amended Renewal Plan for
Project 3-C; and
Whereas, the amended Renewal Plan for Project 3-C
has been approved by the Director of the Department of
Planning on September 14, 1978, with respect to its con-
formity as to the Master Plan, the detailed location of any
public improvements proposed in the amended Renewal
Plan, its conformity to the rules and regulations for sub-
divisions, and its conformity to existing zoning classifica-
tions; and the amended Renewal Plan for Project 3-C
has been approved and recommended to the Mayor and
City Council of Baltimore by the Commissioner of the De-
partment of Housing and Community Development on
September 20, 1978 ; now, therefore,
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That the amended Renewal Plan for Project
3-C, identified as "Urban Renewal Plan, Project 3-C . . .
revised to include Amendment No. 2 dated August 30,
1978", is hereby approved and the Clerk of the City Coun-
cil is hereby directed to file a copy of said amended Re-
newal Plan with the Department of Legislative Reference
as a permanent public record and to make the same avail-
able for public inspection and information.
Sec. 2. And be it further ordained, That in whatever
respect, if any, the amended Renewal Plan approved hereby
for Project 3-C may not meet the requirements as to the
content of a renewal plan or the procedures for the prep-
aration, adoption, and approval of renewal plans, as pro-
vided in Section 25 of Article 13 of the Baltimore City
Code 4±£W Cumulative) Supplomont) 1976 EDITION, AS
AMENDED, the said requirements are hereby waived and
ORDINANCES 1141
the amended Renewal Plan approved hereby is exempted
therefrom.
Sec. 3. And be it further ordained, That in the event it
be judicially determined that any word, phrase, clause,
sentence, paragraph, section or part in or of this ordinance
or the application thereof to any person or circumstances
is invalid, the remaining provisions and the application of
such provisions to other persons or circumstances shall
not be affected thereby, the Mayor and City Council hereby
declaring that they would have ordained the remaining
provisions of this ordinance without the word, phrase,
clause, sentence, paragraph, section or part or the appli-
cation thereof so held invalid.
Sec. 4. And be it further ordained, That in any case
where a provision of this ordinance concerns the same
subject matter as an existing provision of any zoning,
building, electrical, plumbing, health, fire or safety ordi-
nance or code or regulation, the applicable provisions con-
cerned shall be construed so as to give effect to each ; pro-
vided, however, that if such provisions are found to be in
irreconcilable conflict, the provision which establishes the
higher standard for the promotion of the public health
and safety shall prevail. In any case where a provision of
this ordinance is found to be in conflict with an existing
provision of any other ordinance or code or regulation in
force in the City of Baltimore which establishes a lower
standard for the promotion and protection of the public
health and safety, the provision of this ordinance shall
prevail, and the other existing provision of such other
ordinance or code or regulation is hereby repealed to the
extent that it may be found in conflict with this ordinance.
Sec. 5. And be it further ordained, That this ordinance
shall take effect from the date of its passage.
Approved December 6, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
1142 ORDINANCES Ord. No. 916
No. 916
(Council No. 1979)
An Ordinance to repeal and reordain with amendments
Sections 96(g), 96 (i), 97, 98, 99(a), 99(1), 100, 101(b),
101(c), 102, and 103 of Article 1 of the Baltimore City
Code (1976 Edition), title "Mayor, City Council, and
Municipal Agencies", subtitle "Records Management Of-
ficer", changing the title of the Officer to City Archivist
and Records Management Officer, CHANGING THE
TITLE OF THE OFFICE TO CITY ARCHIVES AND
RECORDS MANAGEMENT OFFICE and changing the
title of the Records Disposal Committee to Records Com-
mittee.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That Sections 96(g), 96 (i), 97, 98, 99(a),
99(1), 100, 101(b), 101(c), 102, and 103 of Article 1 of the
Baltimore City Code (1976 Edition), title "Mayor, City
Council, and Municipal Agencies", subtitle "Records Man-
agement Officer", be and they are hereby repealed and
reordained with amendments to read as follows:
CITY ARCHIVIST AND RECORDS
MANAGEMENT OFFICER
96. Definitions.
(g) Committee. "Committee" means the Records [Dis-
posal] Committee.
(i) City Archives and Records Management Office. "City
Archives and Records Management Office" means the office
created herein, with the powers and duties as described in
this subtitle.
97. Records [Disposal] Committee.
A Records [Disposal] Committee is created and estab-
lished, consisting ex officio of the Director of the Depart-
ment of Legislative Reference, who shall be the Chairman,
the Comptroller, the Treasurer, the City Solicitor, the City
Auditor, the Director of the Department of Public Works,
and the Director of the Municipal Museum of the City of
ORDINANCES 1143
Baltimore, or their designated alternates, which shall con-
vene as called by the chairman or by any three members
thereof, to review and act upon records retention sched-
ules submitted for consideration by the City Archives and
Records Management Office, to consider and act upon
schedules of records of historical significance submitted by
the Director of the Department of Legislative Reference,
and to consider and resolve questions of City records man-
agement policy brought to its attention by the City Archi-
vist and Records Management Officer or any member of
the Committee.
98. City Archivist and Records Management Officer.
There shall be in the Department of Legislative Refer-
ence a City Archivist and Records Management Officer who
shall perform the duties and exercise the powers herein
imposed and conferred, subject to the supervision of the
Director of the Department of Legislative Reference and
of the Records ([Disposal] Committee.
99. Same; duties.
(a) General. The City Archivist and Records Manage-
ment Officer shall have primary responsibility for the de-
velopment and administration of a continuing records man-
agement AND ARCHIVAL program for the records of the
several executive departments, and shall perform, including
but not limited to, the following functions in connection with
the records activities of the executive departments:
(I) RECORDS CENTER. ORGANIZE AND ADMIN-
ISTER A RECORDS STORAGE CENTER OR CENTERS
FOR THE CITY'S INACTIVE AND HISTORICAL RE-
CORDS.
100. Records program.
(a) Required. It shall be the responsibility of each ex-
ecutive department of the City to develop a continuing pro-
gram for the economical and efficient management of its
records, complying with the instructions and directives is-
sued by the City Archivist and Records Management Of-
ficer with respect to the retention, disposal, storage, photo-
graphing and microphotographing of its records.
1144 ORDINANCES Ord. No. 916
(b) Liaison. An employee of each department shall be
designated to develop and carry out the department's rec-
ords management program and to provide liaison with the
City Archivist and Records Management Officer.
101. Disposal of Records.
(b) Schedules. It shall be the duty of each Department
to prepare records retention schedules to assure the
orderly retention of records required for the operation of
the department as well as the prompt disposal of records
having no further value. Such schedules shall be prepared
and submitted in the manner prescribed and will become
effective when approved by the Records [Disposal] Com-
mittee.
(c) Certification. When records are disposed of, the de-
partment shall submit to the City Archivist and Records
Management Officer a certificate of disposal, listing the
records and certifying to their disposal.
102 HISTORICAL RECORDS OR ARCHIVES.
RECORDS AND ARCHIVES OF THE CITY WHICH
ARE DEEMED TO HAVE HISTORICAL SIGNIFI-
CANCE SHALL BE PLACED IN THE CUSTODY OF
THE DIRECTOR OF THE DEPARTMENT OF LEGISLA-
TIVE REFERENCE, TO THE END THAT THEY SHALL
BE PROPERLY PRESERVED, INDEXED, AND MADE
AVAILABLE FOR REFERENCE PURPOSE. ANY OF
THESE RECORDS AND ARCHIVES OF HISTORICAL
SIGNIFICANCE MAY BE LOANED INTO THE CUS-
TODY OF THE MUNICIPAL MUSEUM OF THE CITY
OF BALTIMORE (ESTABLISHED UNDER THE PRO-
VISIONS OF SECTION 2 OF ARTICLE 18 OF THIS
CODE), AT THE DISCRETION OF THE DIRECTOR OF
THE DEPARTMENT OF LEGISLATIVE REFERENCE
AND UPON THE REQUEST OF THE BOARD OF
TRUSTEES OF THE MUSEUM, WHERE THEY SHALL
BE PROPERLY PRESERVED, INDEXED AND MADE
AVAILABLE FOR REFERENCE PURPOSES.
103. Photographs and microphotographs.
Any executive department, as provided by Article I,
Section 7(b) of the City Charter (1964 Edition), may sub-
ORDINANCES 1145
sti'tute photographs or microphotographs for any of its
records, provided that the required records retention sched-
ule has been approved and that such photographs or micro-
photographs have been produced in a manner conforming
to standards prescribed by the City Archivist and Records
Management Officer. The original records after photo-
graphing or microphotographing may then be disposed of
without regard to retention periods for the original records.
Sec. 2. And be it further ordamed, That this ordinance
shall take effect thirty days from the date of its passage.
Approved December 6, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 917
(Council No. 2012)
An Ordinance to add new Section 119 (2b) to Article 31 of
the Baltimore City Code (1976 Edition), title "Transit
and Traffic", subtitle "Clear Streets", designating both
sides of Saratoga Street from Greene Street to Pine Street
as an impounding area.
Section 1. Be it ordained by the Mayor and City Council
of Baltimore, That new Section 119 (2b) be and it is hereby
added to Article 31 of the Baltimore City Code (1976 Edi-
tion), title "Transit and Traffic", subtitle "Clear Streets", to
read as follows:
119.
(2b) Saratoga Street, both sides, from Greene Street
to Pine Street
Sec. 2. And be it further ordained, That this ordinance
shall take effect on the date of its passage.
Approved December 6, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
1146 RESOLUTIONS Res. No. 7
No. 7
(Council No. 1519)
City Council Resolution urging the Baltimore Commission
on Aging and Retirement Education to implement CON-
SIDER a Mail Alert Program for Senior Citizens in
Baltimore City.
Three jurisdictions in the nation, one of which is Balti-
more County, have instituted a program called Mail Alert
which provides a free guarantee to senior citizens that
help will come if they become ill or suffer an injury in
their home and are unable to call for help. The program
is made possible by the cooperation of the National Asso-
ciation of Letter Carriers and the United Postal Services.
Senior citizens in a given postal zone are invited to fill
out an emergency contract form stating who should be
contacted in case of emergency. They are then given a
small Mail Alert emblem which is placed on or in their
mailboxes. If an individual does not collect his or her mail
for a designated period of time, the letter carrier contacts
his supervisor, who in turn calls the local commission on
aging. That agency then summons help. If a senior citizen
will be away from home between mail deliveries, he or she
covers the Alert emblem with tape to signal the mail carrier
that help is not needed.
It is a program which will bring peace of mind to many
of our older citizens, the cost is low and experience in other
areas has shown that it does work; now, therefore, be it
Resolved by the City Council of Baltimore, That it urges
the Baltimore Commission on Aging and Retirement Edu-
cation to implement CONSIDER a Mail Alert program for
senior citizens in Baltimore City ; and be it further
Resolved, That a copy of this Resolution be sent to the
Commissioner.
Approved June 16, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
RESOLUTIONS 1147
No. 8
(Council No. 1653)
Resolution of the Mayor and City Council of Baltimore
adopting the 1977 revision to the "Baltimore City Com-
prehensive Water and Waste Water Plan," dated 1969.
Whereas, the Mayor and City Council by Resolution 7
approved December 30, 1969 in compliance to the Water
and Sewerage Planning Act (Article 43, Section 387c, An-
notated Code of Maryland, 1957 Edition, 1971 Replacement
Volume), did adopt a Comprehensive Water and Waste
Water Plan for Baltimore City; and
Whereas, such Water and Sewerage Planning Act re-
quires an annual review and report of the review together
with any amendments, revisions or additions thereto; and
Whereas, the Department of Public Works has prepared
amendments, revisions, and additions to said plan; and
Whereas, said Water and Sewerage Planning Act re-
quires the governing body to review and approve any
amendments, revisions or additions, thereto; and
Whereas, the public hearing as required by Article 43,
Section 387c, (b) (1) (I) has been held, be it therefore
Resolved by the Mayor <md City Council of Baltimore,
That the Comprehensive Water and Waste Water Plan en-
titled, ' 'Baltimore City Comprehensive Water and Waste
Water Plan," dated 1969, revised May, 1978, be and the
same is hereby approved and adopted.
Approved June 30, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 9
(Council No. 1454)
Resolution of the Mayor and City Council of Baltimore
proposing to add a new Section 11 to Article VI of the
1148 RESOLUTIONS Res. No. 9
Charter of Baltimore City (1964 Revision as amended) ;
proposing amendments to Section 2(i) of said Article
VI ; and proposing an amendment to Section 35 of Arti-
cle VII of the Charter of Baltimore City (1964 Revision
as amended), providing £o£ accounting, budgeting a»4
^a-te making for water and sanitary wastewater utilities,
and making these utilities financially self-sustaining;
and providing for the submission of the proposed amend-
ments to the Charter of Baltimore City to the qualified
voters of the City of Baltimore for adoption or rejection.
Section 1. Be it resolved by the Mayor and City Council
of Baltimore, That the following new Section 11 to Article
VI of the Charter of Baltimore City (1964 Revision as
amended) be and the same is hereby proposed to read as
follows :
11. BOARD OF ESTIMATES— Water and Sanitary
Wasteivater Utilities, (a) Water and Sanitary Wastewater
Utilities shall each be conducted as a separate enterprise,
provided, that nothing herein shall prevent the transfer or
assignment of employees from either utility to the other
or to any department, board, commission and agency of the
City, or the division of the time between either utility or
between either utility and any department, board, com-
mission and agency of the City. EACH OF THE UTILI-
TIES SHALL BE FIX AXCI ALLY SELF-SUSTAIXIXG
AXD SHALL BE OPERATED WITHOUT PROFIT OR
LOSS TO THE OTHER FUXDS OR PROGRAMS OF THE
CITY.
(b) The accounting system fo* the ivater and sanitary
wastewater utilities shall conform to generally accepted
principles of utility accounting and shall be kept on the
accrual basis, <znd in the manner prescribed in Article ^-Ut
Section & of this Charter , The records of revenues of each
smd utility shall be kept so thot the sales made to each
class of customer according to the *e4e schedules adopted
by the Board of Estimates fo* each utility eon be deter-
mined i After the close of each fiscal year there shall be
submitted to the Board of Estimates and Commissioners of
Finance a report which moy be submitted os o separate
section of the statements prescribed under Article ¥IIj
RESOLUTIONS 1149
Section & of this Charter as to the operation of eaeh said
utility containing at least the following financial state-
ments: 4^- * comparative balance sheet showing the finan-
eial condition of the utility as of the beginning and close
of the fiscal year and an analysis of the retained earnings
account showing the factors of change in the account as
reflected ay the comparative balance sheet; ■(&}- a compara-
tive income statement of the last two fiscal years; and a
comparative detailed analysis of operating expense far the
last two fiscal years according ta functional groupings*
■fa)- Separate budgets, tvhich shall include estimates of
revenue and expense for the ensuing fiscal year, shall be
prepared for the water and sanitary wastewater utilities
annually at the time of and in the manner prescribed in
Section 2 of this Article VI, subject, however, to this sec-
tion which shall also control the action of the Board of
Estimates and the City Council thereon. The budget esti-
mates of each agency of the City shall include items for
water and sanitary wastewater to be used by them.
After the budgets of the water and sanitary wastewater
utilities have been adopted^ should it appear that there will
be revenues in excess of that relied upon by the Board of
Estimates pursuant ta this subsection additional expendi-
tures may- be authorized by the Board of Estimates from
the funds of each said utility in an amount not exceeding
such excess, ¥he Board of Estimates shall report ta the
Qity Council as soon as practicable any such additional
expenditures authorized by said Board, The expenditure of
any other funds of the water or sanitary tvastewater utility
shall be authorized only when an additional appropriation
thereof is made in accordance with Section £■ of this
Article ¥-k
4-d± ¥he Board of Estimates on the recommendation ai
the Director of Finance and the Director of Public Works
shall haae the power ta assess and establish rates for ■£!-)■
sanitary wastciuater and ■£&)- for the supply and use of
water for any purpose and at any point in or outside Balti-
more City-, either by meter, fixed charge or otherwise in
accordance with lawr Said Board shall also have the power
ta provide for abatement and reduction of such rates or
other charges*
1150 RESOLUTIONS Res. No. 9
£&# Director of Public Works to recommend, and the Board
of Estimates to establish rates, to make each utility finan-
cially self-sustaining at all times, and to adjust the rates
if the projected profit aud loss statement far the current
year anticipates a loss and the actual results for- the imme-
diate prior year resulted in a loss or- deficits The rates so
established shell be at a level sufficient to recover any
accumulated loss from prior years* In order to make and
assure that each utility is financially self-sustaining, there
shall be provision fan operating and maintenance costs,
depreciation accruals-, amortization of bonds and for- rea-
sonable accumulation of surplus*
4Q (C) Nothing contained herein shall be construed to
prevent inter-fund cash borrowings between the water and
sanitary wastewater utilities to meet temporary cash re-
quirements or to prevent borrowings by such utilities from
the general fund or any other fund of the City, if otherwise
in accordance with law.
■fg+ Charges shall be imposed not only for domestic,
commercial and industrial users of the services of the
water and sanitary wastewater utilities but similar charges
shall be billed against the City and each Department,
board, commission and agency thereof and eaeh of said
utilities* The rates to be eharged the City and its depart-
ments, boards, commissions, and agencies, as above pro-
vided, shall be the same as those charged to other City
custcmer&r This subsection shall not apply to water used
for fire suppression*
fh4- Appropriations may be made with the approval of
the Board of Estimates from the funds of either utility, on
the recommendation of the Director of Public Works, for
necessary renewing, improving, rebuilding or- extending
the plant and distribution system of sueh utility inc hiding
all costs related thereto; it being the intent of this provi-
sion to limit the use of such moneys to the purposes spe-
cifically mentioned in this subsection, and otherwise to
prohibit their use for current expenses of the City* The
budgets for renewing, improving and rebuilding, or ex-
tending the plant and distribution system for each utility
shall be prepared in the manner prescribed in Article VT,
RESOLUTIONS 1151
Section £ of this- Charter, subject, however, to this section
ivhich shall also control the action of the Board of Esti-
'YY\n + no nit A i h n Cifo I /°/->o/<v> gml +h nvnrm
II WlLUl^U ^^TU^u vrPv \y VV Vj v/vwTTvvV V I V\J I Ull IVI
4*)- The valuation of the water and sanitary waste-
water utilities shall be the valuation existing in the records
of the City*
■(-&■ ^he City shell loan to eaeh utility an amount
equivalent to a forty- five day cash working capital require-
ment and this lean shall be repaid ay each utility an or
before twenty- four months from the date of such loony with
iiitcvGst at the rate of six ucrccnt per niimim.
■(h)- in the event that any provision in this- section for
the wet or and sanitary wastewater utilities shall be incon-
sistent with any covenants, conditions, enabling laws or
any regulations promulgated thereunder governing any
contract, project or grant from the United States or from
the State or funds dedicated by an aet of Congress or- by-
State law or by the terms of any private grant, such provi-
sian in this section shall be applicable only to the extent
that it is not inconsistent with any sueh covenants, laws or
regulations for any federal or State contract, project or
grant or with the terms of any such private grants
■(I)- (D) If any subsection or part thereof of this Section 11
shall be held invalid by a court of competent jurisdiction,
such holding shall not affect the remainder of this section
nor the context in which such subsection or part thereof
so held invalid may appear, except to the extent an entire
subsection or part thereof may be inseparably connected
in meaning and effect with the subsection or part thereof
to which such holding shall directly apply.
(E) THE MAYOR AND CITY COUNCIL SHALL BY
JANUARY 1, 1979 ENACT SUCH ORDINANCE OR OR-
DINANCES AS MAY BE NECESSARY OR DESIRABLE
TO IMPLEMENT THE PROVISIONS OF THIS SEC-
TION 11 AND MAY AMEND SUCH ORDINANCES
FROM TIME TO TIME.
Sec. 2. And be it further resolved, That the following
amendments to Section 2(i) of Article VI of the Charter
of Baltimore City (1964 Revision as amended) be and the
same are hereby proposed to read :
1152 RESOLUTIONS Res. No. 9
(i) Following the passage of the Ordinance of Esti-
mates and the enactment of the revenue measures necessary
to achieve a balance between expected revenues and antici-
pated expenditures for the next ensuing fiscal year, the
several sums contained in the Ordinance of Estimates shall,
after the beginning of the fiscal year to which it is appli-
cable, be and become appropriated for the several purposes
therein named. Except as hereinafter provided, no appro-
priation provided for in the Ordinance of Estimates shall
be diverted or used for any purpose other than that named
in said ordinance: (1) the Board of Estimates may, upon
the application of the head of any municipal agency, in-
crease the amount for a particular program, purpose, activ-
ity, or project or introduce an amount for a new program,
purpose, activity or project by transferring thereto
amounts already appropriated to said agency; and (2)
upon the recommendation of the Board of Estimates, the
City Council by ordinance may authorize the transfer of
an appropriation contained in the Ordinance of Estimates
from one municipal agency to another municipal agency;
provided, however, that new or different amounts for capi-
tal projects from those stated in the capital budget portion
of the Ordinance of Estimates shall not be authorized unless
the Board of Estimates has received and considered the
reports and recommendations thereon of the Planning
Commission and the Director of Finance.
Upon the authorization of the Board of Estimates and
under procedures established by the Board, the Director of
Finance shall establish an expenditure schedule, applicable
to any or all municipal agencies whenever, in the opinion
of the Board, financial conditions warrant such budgetary
allotments.
Appropriations contained in the Ordinance of Estimates
for a particular program, purpose, activity, or project may,
upon the recommendation of the head of the municipal
agency concerned and the Director of Finance and the
approval of the Board of Estimates, be carried over to
fiscal years subsequent to the one for which the appropria-
tion is initially made for the accomplishment of said pro-
gram, purpose, activity, or project. Funds encumbered for
contracts, projects or other actual commitments and funds
dedicated by any act of Congress or by State law or by the
RESOLUTIONS 1153
terms of any private grant to some specific purpose shall
be carried over to the next ensuing fiscal year. All appro-
priations not so carried over shall lapse at the end of the
fiscal year from which made[.] , except that any balance
remaining in the fund of the water or sanitary wastewater
utility (under Section 11 of this article) at the end of the
fiscal year shall remain to the credit of such utility and an
estimate of any such balance shall be included in such
utility's budget for the next ensuing year as an estimated
receipt.
In case of any surplus arising in any fiscal year by reason
of an excess of revenue over the expenditures (including
any appropriation carried over) for such year, the said
surplus shall become a part of the general revenue of the
City and shall be available for the general expenditures of
the City for the next ensuing fiscal year, in accordance
with the Ordinance of Estimates for that year. An esti-
mate of such surplus shall be made by the Board of Esti-
mates and included in expected revenues for the next
ensuing year. However any surplus or retained earnings of
the water or sanitary wastewater utility fund (under Sec-
tion 11 of this article) at the end of the fiscal year shall
remain to the credit of such utility and the estimate of any
such balance shall be included in such utility's budget for
the next ensuing year as an estimated receipt.
U EXCEPT FOR THE FUNDS OF THE WATER OR
SANITARY WASTEWATER UTILITIES IF at the
end of any fiscal year it is determined that there is any
surplus in excess of the amount included in expected
revenues for the next ensuing fiscal year and such amount
exceeds 1% of the general fund operating budget adopted
for the next ensuing fiscal year and such amount does not
include any appropriation carried forward from the prior
fiscal year, the excess of such general fund surplus over
1% of the operating budget shall be credited to an account
known as the "Capital Bond Fund Appropriation Reduc-
tion Account". Funds in this account shall be allocated and
paid by order of the Commissioners of Finance for the pur-
pose of substituting for a like amount of general obligation
bond funds for which appropriations have been previ-
ously made by the Mayor and City Council; to the extent
that funds from the Capital Bond Fund Appropriation
1154 RESOLUTIONS Res. No. 9
Reduction Account are utilized, the authorized amount of
general obligation bonds shall be automatically reduced.
In determining the application of such funds the Commis-
sioners of Finance shall be guided by the conditions of the
bond market and the financial interests of the City of Bal-
timore. Funds in the Capital Bond Fund Appropriation
Reduction Account not utilized in the first year in which
they are identified shall be carried forward at the end of
the fiscal year to be used for the purpose of substituting
for general obligation bond funds at the earliest practical
time. Such funds shall be utilized only for the purpose for
which the bond funds were appropriated and may not be
transferred directly or indirectly to any other purpose.
Surplus funds exceeding the amount used in the revenue
estimates for the succeeding year but not in excess of 1%
of the current general fund operating budget may be uti-
lized by the Board of Estimates to reduce the tax rate re-
quirements for the next ensuing fiscal year or to constitute
a source of funds for supplemental appropriations recom-
mended to the City Council pursuant to the provisions of
this subsection.
Sec. 3. And be it further resolved, That the following
amendment to Section 35 of Article VII of the Charter of
Baltimore City (1964 Revision as amended) be and the
same is hereby proposed to read as follows :
35. DEPARTMENT OF PUBLIC WORKS— Water
Supply. The Department shall have charge of the water
supply of the City and of all the properties, reservoirs,
streams, pumping and nitration stations, pipes, apparatus
and equipment appurtenant thereto and shall exercise all
the powers and perform all the duties connected with the
operation thereof and the supplying of water to the City.
[The Board of Estimates, on the recommendation of the
Director of Public Works, shall have the power to assess
and establish rates, either by meter, fixed charge or other-
wise, for the supply and use of water for any purpose and
at any point in or outside Baltimore City and said Board
shall also have the power to provide for the abatement of
such rates or charges.]
Sec. 4. And be it further resolved, That the foregoing
proposed addition of a new Section 11 to Article VI, and
RESOLUTIONS 1155
the foregoing proposed amendments to Section 2(i) of said
Article VI and to Section 35 of Article VII of the Charter
of Baltimore City (1964 Revision as amended) shall be
effective July 1, 1979.
Sec. 5. And be it further resolved, That the foregoing
proposed addition of a new Section 11 to Article VI, and
the foregoing proposed amendments to Section 2(i) of said
Article VI and to Section 35 of Article VII of the Charter
of Baltimore City (1964 Revision as amended) shall be
submitted to the legally qualified voters of the City of Balti-
more at the general election to be held on Tuesday, Novem-
ber 7, 1978, for adoption or rejection in accordance with
the provisions of Article XI-A of the Constitution of
Maryland in the following form :
CHARTER AMENDMENT
PROVIDING FOR ACCOUNTING BUDCETINC AND
RATE MAKING FOR WATER AND SANITARY
WASTEWATER UTILITIES, AND MAKING THESE
UTILITIES FINANCIALLY SELF-SUSTAINING.
FOR CHARTER AMENDMENT
AGAINST CHARTER AMENDMENT
Approved July 10, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 10
(Council No. 1808)
Resolution of the Mayor and City Council of Baltimore
endorsing the concept of the "208" water quality man-
agement program embodied in the preliminary document
"Draft Water Quality Management Plan for the Balti-
more Metropolitan Region."
Whereas, pursuant to Section 208 of the Federal Water
Pollution Control Act Amendments of 1972, P.L. 92-500
1156 RESOLUTIONS Res. No. 10
(hereinafter called "the act"), the Administrator of the
United States Environmental Protection Agency has by reg-
ulation published guidelines for the identification of those
areas which, as a result of urban-industrial concentrations
of other factors, have substantial water quality control
problems (40 CFR Part 126) ; and
Whereas, the Baltimore Metropolitan Region satisfies the
criteria contained in the Act and guidelines and designa-
tion of the Region, and development of a plan, pursuant to
Section 208 of those guidelines is desirable ; and
Whereas, Baltimore City, the Counties of Anne Arundel,
Baltimore, Carroll, Harford, and Howard, and the Regional
Planning Council have entered into a Waste Treatment
Management Planning Compact to guide the development
of a water quality management plan ; and
Whereas, the parties to the Compact have prepared a
"Draft Water Quality Management Plan for the Baltimore
Metropolitan Region" containing specific technical analysis
as well as broad management concepts ; and
Whereas, Baltimore City has been recommended for
designation as a water quality management agency and
recognizes its responsibilities under such designation and
is desirous of developing a final plan to enable continuation
of the water quality management program; and
Whereas, the Mayor and City Council of Baltimore re-
serve the right to formally adopt the plan subsequent to
adequate technical review and revision, be it therefore
Resolved by the Mayor and City Council of Baltimore,
That the water quality management concepts embodied in
the "Draft Water Quality Management Plan for the Balti-
more Metropolitan Region" are endorsed effective this date.
It is further resolved, That the Mayor and City Council
of Baltimore intend to join with other parties to the Com-
pact, upon the development of an adequate final plan, to
accept and implement said final plan.
Approved July 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
RESOLUTIONS 1157
No. 11
(Council No. 1748)
A Resolution of the Mayor and City Council of Baltimore
proposing to add a new Section 11 to Article I of the
Charter of Baltimore City (1964 Revision, as amended),
title "General Provisions,, under the new sub-heading
"Inner Harbor Park" dedicating a certain area around
the Inner Harbor to public park uses and setting aside
limited areas therein to be used for eating places and
other commercial uses and for the Maryland Science
Center, and relating generally thereto ; and providing for
the submission of the proposed amendment of the Char-
ter of Baltimore City to the qualified voters of the City
of Baltimore for adoption or rejection.
Section 1. Be it resolved by the Mayor and City Council
of Baltimore, That a new Section 11, title "Inner Harbor
Park" be added to Article I, "General Provisions" of the
Charter of Baltimore City (1964 Revision, as amended) to
read as follows :
Section 11. Inner Harbor Park.
There is hereby dedicated to public park uses for the
benefit of this and future generations of the City of Bal-
timore and the State of Maryland the portion of the City
that lies along the north, west and south shores of the
Inner Harbor, south of Pratt Street to the water's edge,
east of Light Street to the water's edge and north of Key
Highway to the water's edge, from the World Trade Center
around the shoreline of the Inner Harbor to and including
Rash Field, except that, in order to provide eating places
and other commercial uses, areas totalling not more than
3.2 acres plus access thereto, within the dedicated space
and north of an easterly extension of the south side of
Conway Street shall be set aside for such purposes; and
except that an area of not more than 3.J+ acres shall be set
aside for use by the Maryland Science Center, plus access
thereto.
Sec. 2. And be it further resolved, That the proposed
addition of a new Section 11 to Article I of the Charter of
1158 RESOLUTIONS Res. No. 12
Baltimore City (1964 Revision, as amended) shall be sub-
mitted to the legally qualified voters of the City of Balti-
more at the general election to be held on Tuesday, No-
vember 7, 1978, for adoption or rejection in accordance
with the provisions of Article XI-A of the Constitution of
Maryland in the following form :
CHARTER AMENDMENT
Dedicating certain areas around the Inner Harbor to
public park uses and setting aside limited areas therein
to be used for eating places and other commercial uses
and for the Maryland Science Center.
FOR CHARTER AMENDMENT
AGAINST CHARTER AMENDMENT
Approved July 19, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 12
(Council No. 1779)
Resolution of the Mayor and City Council of Baltimore
proposing amendments to Subsection (b) of Section 15
of Article VII of the Charter of Baltimore City (1964
Revision, as amended), title "Executive Departments",
subtitle "Department of the Treasurer"; clarifying the
duties of the Treasurer as custodian of all moneys and
securities belonging to the City including the actuarial
retirement systems; authorizing the Treasurer, in dis-
charging his duties as custodian of the moneys and se-
curities of the actuarial retirement systems of the City,
to enter into contracts with banks or trust companies,
for such banks or trust companies to be custodian of
cash and securities of the retirement systems, with the
approval of the Board of Estimates; providing that the
Treasurer shall have no personal liability for the per-
formance, lack of performance, misfeasance or mal-
RESOLUTIONS 1159
feasance of a bank or trust company so selected; and
providing for the submission of the proposed amendments
to the Charter of Baltimore City to the qualified voters
of the City of Baltimore for adoption or rejection.
Section 1. Be it resolved by the Mayor and City Council
of Baltimore, That the following amendments to Subsection
(b) of Section 15 of Article VII of the Charter of Balti-
more City (1964 Revision, as amended) be and the same
are hereby proposed to read as follows :
15. Department of the Treasurer.
(b) The Treasurer shall be the registrar of the public
debt and the custodian of all moneys and securities be-
longing to the City including the actuaHal retirement sys-
tems and shall provide for the safe-keeping and transfer of
stocks, bonds and securities owned or held by the City or
any agency thereof [J, provided, however, that the desig-
nation of depository institutions shall be as set forth in
Section 16(c) of Article VII of this Charter. In discharging
his duties as custodian of the moneys and securities of the
actuarial retirement systems of the City, the Treasurer
may, in the manner determined by and with the approval of
the Board of Estimates, enter into a contract or contracts
with banks or trust companies having authority unoler their
charter to perform custodial services, for such banks or
trust companies to be custodian of cash and securities of
the retirement systems, and the Treasurer shall have no
personal liability for the performance, lack of performance,
misfeasance or malfeasance of a bank or trust company so
selected,. The Treasurer shall serve as President of the
Board of Finance and shall perform such duties relating to
the stocks, bonds, and other evidences of indebtedness or
securities issued by the City as may be directed by said
Board. In exercising his powers as the custodian of the
moneys of the City, the Treasurer may advance funds in his
custody for the discharge of obligations incurred in con-
nection with projects for which bond issues of the City have
been approved and moneys therefor appropriated, prior to
the issuance of such bonds ; provided that repayment of any
such advance shall be made out of the Proceeds of sale of
the bond issue concerned.
1160 RESOLUTIONS Res. No. 13
Sec. 2. And be it further resolved, That the foregoing
proposed amendments to Subsection (b) of Section 15 of
Article VII of the Charter of Baltimore City (1964 Re-
vision, as amended) shall be submitted to the legally quali-
fied voters of the City of Baltimore at the General Election
to be held on Tuesday, November 7, 1978, for adoption or
rejection in accordance with the provisions of Article Xl-A
of the Constitution of Maryland in the following form :
CHARTER AMENDMENT
Providing clarification of the duties of the Treasurer as
custodian of all moneys and securities belonging to the
City, including the actuarial retirement systems ; author-
izing the Treasurer to enter into contracts with banks or
trust companies, for such banks or trust companies to be
custodian of cash and securities of the retirement systems ;
and relieving the Treasurer from personal liability for the
performance, lack of performance, misfeasance or mal-
feasance of such banks or trust companies.
FOR CHARTER AMENDMENT
AGAINST CHARTER AMENDMENT
Approved July 18, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
No. 13
(Council No. 1761)
Resolution of the Mayor and City Council of Baltimore
proposing amendments to Section 3 of Article I of the
Charter of Baltimore City (1964 Revision, as amended),
title "General Provisions"; Section 2(d) (2) of Article VI
of said Charter, title "Board of Estimates"; and Sections
4, 9(a), 15 and 16 of Article VII of said Charter, title
"Executive Departments"; changing the designation of
the Commissioners of Finance to the Board of Finance;
authorizing the Diroctor of Finance PERMITTING
RESOLUTIONS 1161
THE DIRECTOR OF FINANCE, WITH THE AP-
PROVAL OF THE MAYOR, to appoint a Deputy Di-
rector of Finance who shall be the Acting Director
of Finance whenever there is a vacancy in the office
of Director of Finance or whenever the Director of
Finance shall be incapacitated or otherwise unavailable
for duty for any cause; PROVIDING FOR THE MAN-
NER AND TERM OF APPOINTMENT OF THE DEP-
UTY DIRECTOR OF FINANCE; authorizing the Di-
rector of Finance or the Deputy Director of Finance to
sign checks of the City; eliminating the Department of
the Treasurer and placing its functions under the De-
partment of Finance; replacing the Treasurer with the
Mayor as President of the Board of Finance and clarify-
ing the title of that body; providing that the Director of
Financo shall be a member of the Board of Finanoo
BOARD OF FINANCE SHALL BE COMPOSED OF
THE MAYOR, COMPTROLLER, AND THREE PER-
SONS APPOINTED BY THE MAYOR; authorizing the
Board of Finance to designate a clerk to the Board of
Finance who shall keep its accounts and a record of its
proceedings; and providing for the submission of the
proposed amendments to the Charter of Baltimore City
to tiie qualified voters of the City of Baltimore for adop-
tion or rejection.
Section 1. Be it resolved by the Mayor and City Council
of Baltimore, That the following amendment to Section 3 of
Article I of the Charter of Baltimore City (1964 Revision,
as amended) be and the same is hereby proposed to read
as follows:
3. PROPERTY RIGHTS; TRUSTS. All the property
and franchises of every kind belonging to, in the possession
of, or hereafter acquired by the City are vested in it and
it may dispose of any property belonging to it in the
manner and upon the terms provided in the Charter. The
City may receive in trust, and may control for the pur-
poses of such trust, all moneys and assets which may have
been or shall be bestowed upon it by will, deed or any
other form of gift or conveyance in trust for any corporate
purpose, or in aid of the indigent poor, or for the general
purposes of education or for charitable purposes of any
1162 RESOLUTIONS Res. No. 13
description. All such trust funds now held or subsequently
received shall be administered with respect to investment
and reinvestment, subject to any limitations in the trust,
by the [Commissioners] Board of Finance. The City may
also accept grants for its corporate purposes from any
government, governmental agency or person.
Sec. 2. And be it further resolved, That the following
amendments to Section 2(d) (2) of Article VI of the Char-
ter of Baltimore City (1964 Revision, as amended) be and
the same are hereby proposed to read as follows:
(2) The Planning Commission, under procedures and
schedules established by the Board, shall submit for the
consideration of the Board of Estimates a recommended
capital budget for inclusion in the proposed ordinance of
estimates, a recommended long range capital improvement
program, and a report on said capital budget and program,
all of which shall be made public. Said recommended capi-
tal budget and program of the Planning Commission shall
be referred by the Board to the Director of Finance and
the [Commissioners] Board of Finance for report and rec-
ommendations. After receiving and considering all of said
reports and recommendations, the Board of Estimates shall
adopt such capital budget and long range capital improve-
ment program as it deems appropriate. The capital budget
finally adopted by the Board shall be the capital budget
portion of the proposed ordinance of estimates for the next
ensuing fiscal year and shall embrace the projects planned
for the first year of the long range capital improvement
program finally adopted by the Board. However, no capital
project shall be included in the capital budget portion of
the proposed ordinance of estimates submitted by the
Board of Estimates to the City Council unless the Board
has received and considered the reports and recommenda-
tions of the Planning Commission, the Director of Finance,
and the [Commissioners] Board of Finance with regard to
such capital project. The Board of Estimates may establish
additional procedures for the development of a long range
capital improvement program and a capital budget. All
municipal agencies shall, under procedures established by
the Board of Estimates, cooperate with the Planning Com-
RESOLUTIONS 1163
mission in the preparation of the recommended capital
budget and long range capital improvement program.
Sec. 3. And be it further resolved, That the following
amendments to Sections 4, 9(a), 15 and 16 of Article VII
of the Charter of Baltimore City (1964 Revision, as
amended) be and the same are hereby proposed to read as
follows :
DEPARTMENT OF FINANCE
4. DEPARTMENT OF FINANCE— Organization. There
shall be a Department of Finance the head of which shall
be the Director of Finance. He shall be appointed by the
Mayor in accordance with the provisions of the Charter
relating to the Classified Civil Service except that he shall
also be confirmed by the City Council in the manner pre-
scribed by Section 6 of Article IV. Following such confirma-
tion, the Director of Finance shall hold office in accordance
with the provisions of the Charter relating to the Classified
Civil Service. He fshall appoint such assistants and em-
ployees as may be provided for in the Ordinance of Esti-
mates and3 shall perform the duties and exercise the pow-
ers which are herein or may hereafter be imposed or
conferred upon the Department of Finance.
The Director of Finance shall appoint > ie aid him in the
discharge o4 his duties^ a Deputy Director &f Financo and
such assistants and employees as- may- be provided fop in
the Ordinance of Estimates, , WITH THE APPROVAL OF
THE MAYOR, MAY APPOINT A DEPUTY DIRECTOR
OF FINANCE. THE APPOINTMENT OF THE DEP-
PUTY DIRECTOR OF FINANCE SHALL BE FOR THE
DURATION OF THE MAYORAL TERM AND SHALL
BE SUBJECT TO CONFIRMATION BY THE CITY
COUNCIL IN THE MANNER PRESCRIBED BY
SECTION 6 OF ARTICLE IV. Whenever a vacancy
shall occur in the office of Director of Finance, or when-
ever the Director of Finance shall be incapacitated or
otherwise unavailable for duty for any cause, the Deputy
Director of Finance shall be the acting Director of Finance
and shall exercise all the powers and perform all the duties
of the Director of Finance. THE APPOINTMENT OF A
MEMBER OF THE CLASSIFIED CIVIL SERVICE AS
1164 RESOLUTIONS Res. No. 13
THE DEPUTY DIRECTOR OF FINANCE PURSUANT
TO THIS SECTION SHALL NOT DEPRIVE THE AP-
POINTEE OF ANY RIGHTS OR BENEFITS OF THE
CLASSIFIED CIVIL SERVICE, NOR SHALL IT CON-
FER UPON THE APPOINTEE ANY AUTHORITY TO
EXERCISE POWERS OR PERFORM DUTIES AS ACT-
ING DIRECTOR OF FINANCE BEYOND THE TERM
OF APPOINTMENT AS PROVIDED FOR IN THIS
SECTION.
9. Department of Finance — Taxes, Receipts, Checks,
(a) The Director of Finance shall receive, collect and ac-
count for all moneys due the City from any course whatso-
ever. All such funds shall [either be turned over to the City
Treasurer to be deposited by him or shall] be deposited by
the Director of Finance [under the direction of the City
Treasurer] in such depositories as are selected by the [Com-
missioners] Board of Finance. Withdrawals therefrom shall
be made only as provided by Section 7 of this Article VII.
All checks of the City shall, unless otherwise provided by
ordinance, be signed by the [Treasurer of Deputy Treas-
urer] Director of Finance or Deputy Director of Fimance,
and counter-signed either by the Mayor or Acting Mayor
[or by the Director of Finance] except payroll, pension, and
similar checks, which shall bear the signatures of the Di-
rector of Finance or Deputy Director of Finance and of a
person in the Department of Finance designated by the
Director to sign as Disbursing Officer; such designation
shall be made in writing by the Director of Finance and
filed with all banks on which such checks are drawn. Any
signature on checks of the City may be manual or facsimile
[, except those of the Mayor or Acting Mayor].
[DEPARTMENT OF THE TREASURER]
15. [Department of the Treasurer — Organization Pow-
ers and duties.] Department of Finance — Registrar of the
Public Debt, [(a) There shall be a Department of the
Treasurer, the head of which shall be the Treasurer who
shall be appointed by the Mayor in the manner prescribed
by Section 6 of Article IV and shall hold his office as therein
provided. The Treasurer shall appoint a Deputy Treasurer
and such assistants and employees as may be provided for
in the Ordinance of Estimates. During any sickness or
RESOLUTIONS 1165
other temporary absence of the Treasurer, the Deputy
Treasurer shall perform the duties of the Treasurer.]
[(b)] (a) The [Treasurer] Director of Finance shall be
the registrar of the public debt and responsible for all
moneys and securities belonging to the City including the
actuarial retirement systems and shall provide for the safe-
keeping and transfer of stocks, bonds and securities owned
or held by the City or any agency thereof, provided, how-
ever, that the designation of depository institutions shall be
as set forth in Section 16(c) of Article VII of this Charter.
In discharging his duties as custodian of the moneys and
securities of the actuarial retirement systems of the City,
the Director of Finance may, in the manner determined by
and with the approval of the Board of Estimates, enter into
a contract or contrxLcts with a bank or trust companies
having authority under their charter to perform custodial
services, for such bank or trust companies to be custodian
of cash and securities of the retirement systems, and the
Director of Finance shall have no personal liability for the
performance, lack of performance, misfeasance or mal-
feasance of a bank or trust company so selected. The [Treas-
urer] Director of Finance [shall serve as President of the
Board of Finance and] shall perform such duties relating
to the stocks, bonds, and other evidences of indebtedness or
securities issued by the City as may be directed by [said
Board] the Board of Finance. In exercising his powers as
the custodian of the moneys of the City, the [Treasurer]
Director of Finance may advance funds in his custody for
the discharge of obligations incurred in connection with
projects for which bond issues of the City have been ap-
proved and moneys therefor appropriated, prior to the is-
suance of such bonds ; provided that repayment of any such
advance shall be made out of the proceeds of sale of the
bond issue concerned.
[(c)] (b) The [Treasurer] Director of Finance or his
delegate, designated in writing by the Director of Finance,
shall have charge of the corporate seal of the City and shall
use it in all cases where the use of the seal is required by
Federal or State laws, ordinances, or the uses and customs
of Nations, and shall charge such fee as may be fixed from
time to time by the Board of Estimates for each impression
1166 RESOLUTIONS Res. No. 13
of the seal except such as shall be affixed to or impressed
upon documents for the City.
[COMMISSIONERS] BOARD OF FINANCE
16. [Commissioners] Board of Finance — Organization,
Powers, and Duties, (a) There shall be a Board of Finance
[to be known as the Commissioners of Finance] composed
of the Mayor, Comptroller, [Treasurer] Director of F4-
nance} and two THREE persons appointed by the Mayor
in the manner prescribed in Section 6 of Article IV, who
shall hold their offices as therein provided and shall serve
without compensation. City officials serving on said Board
shall not receive any additional salary for such member-
ship. From and after the applicable effective date under
Article IX, the [Treasurer] Mayor shall serve as the Presi-
dent of the Board. The [Deputy Treasurer] Board of Fi-
nance shall [act as] designate a clerk to the Board of
Finance [and] who shall keep its accounts and a record of
its proceedings.
(b) The [Commissioners] Board of Finance, as au-
thorized by ordinance and other applicable law, shall issue
and sell certificates of indebtedness of the City and shall
determine all matters pertaining to the issuance and sale
of said certificates of indebtedness. Unless otherwise pro-
vided by ordinance, the Mayor or Acting Mayor and the
[Treasurer] Director of Finance or Deputy [Treasurer]
Director of Finance shall sign all certificates or other evi-
dences of indebtedness of the City.
(c) The Board, from the institutions chartered by the
United States or by the State of Maryland, having authority
under their charters to receive and hold money on deposit,
shall select, from time to time, such depository or deposi-
tories for the funds of the City as it may deem proper and
may designate, from time to time, such of said institutions
as it may deem proper at which taxes and charges may be
paid and receipts therefor on behalf of the Department of
Finance may be given; and the Board shall fix, from time
to time, the nature, amount, and the proper custodian of
the security to be given by any such institution for the
faithful performance of its obligations with respect to such
deposits or collections.
RESOLUTIONS 1167
(d) No temporary loan shall be made by the City ex-
cept upon the authorization of the Board, not inconsistent
with the Charter. Upon the authorization of any such loan
the Board is empowered to authorize the issue of negotiable,
or non-negotiable, obligations of the City, including promis-
sory notes. The Board shall have charge, control and cus-
tody of all sinking funds of the City, and shall perform
such other duties as shall be prescribed by the Charter or
by ordinance.
Sec. 4. And be it further resolved, That the foregoing
proposed amendments to Section 3 of Article I of the
Charter of Baltimore City (1964 Revision, as amended) ;
Section 2(d) (2) of Article VI of said Charter; and Sec-
tions 4, 9 (a) , 15 and 16 of Article VII of said Charter shall
be submitted to the legally qualified voters of the City of
Baltimore at the general election to be held on Tuesday,
November 7, 1978, for adoption or rejection in accordance
with the provisions of Article XI-A of the Constitution of
Maryland in the following form :
CHARTER AMENDMENT
Providing for certain changes in the Department of
Finance of Baltimore City ; eliminating the Department of
the Treasurer of Baltimore City and placing its functions
under the Department of Finance ; changing the designation
of the Commissioners of Finance to the Board of Finance ;
and making certain changes in the composition of the
Board of Finance.
FOR CHARTER AMENDMENT
AGAINST CHARTER AMENDMENT
Approved August 14, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
1168 RESOLUTIONS Res. No. 14
No. 14
(Council No. 1892)
City Council Resolution to ratify the Baltimore Region
1979 Transportation Control Plan.
Whereas, the Clean Air Act, as amended by the Clean
Air Act Amendments of 1977, P.L. 95-95, (hereinafter
called the "Act"), requires that in certain areas which do
not meet national ambient air quality standards (non-attain-
ment areas), a revised transportation control element of the
implementation plan must be prepared and the dead-
line for attaining national standards can be extended to
1982, or in certain circumstances 1987; and
Whereas, the Baltimore Region is such a non-attainment
area because of excessive levels of photochemical oxidants
and carbon monoxide and, therefore, is eligible to develop a
revised transportation control element of the implementa-
tion plan and obtain the extension date for compliance with
national standards; and
Whereas, the Regional Planning Council has been desig-
nated by the Governor to prepare the Region's Transpor-
tation Control Plan in cooperation with State Departments
and local jurisdictions; and
Whereas, the intergovernmental requirements and pro-
cedures for Plan approval are set forth in Sections 3.01 and
3.02 of the Resolution and Prospectus for Areawide Air
Quality Planning where Baltimore City has the right to first
review and ratify the Plan before it is certified by the
Transportation Steering Committee; and
Whereas, the affected general purpose units of local
government, of which Baltimore City is one, having re-
viewed the Plan, setting forth the representation, rights
and obligations of the participating units of local govern-
ment and the manner in which the planning requirements
are to be accomplished, now therefore, be it
Resolved by the Mayor and City Council of Baltimore,
That Baltimore City adopts EXCEPT FOR THE ON-
STREET PARKING RESTRICTIONS AS THEY APPLY
TO BALTIMORE CITY the Resolution to Ratify the Bal-
RESOLUTIONS 1169
timore Region's 1979 Transportation Control Plan as
drafted AUGUST 31, 1978 and does furthermore approve
and authorize the signing of the Plan on behalf of Balti-
more City.
Approved October 16, 1978.
WILLIAM DONALD SCHAEFER, Mayor.
INDEX 1171
INDEX
A
Ord. Page
Aging and Retirement Education, Commission on
Mail Alert Program for Senior Citizens Res. 7 1146
Appropriations, Supplemental —
Aging and Retirement Education,
Commission on 662 113
City Council 629 67
741 516
798 718
City Council Office of Financial Review 742 517
630 68
Civic Center Commission 624 61
737 510
Civil Service Commission 625 62
738 512
Community College of Baltimore 626 63
739 513
799 719
Community Relations Commission 623 59
627 64
Comptroller, Dept. of 628 66
740 514
813 775
Disaster Control and Civil Defense, Office of 634 73
Education, Dept. of 635 75
745 520
Elections, Board of Supervisors of 746 522
655 104
Employees Retirement Systems, Board of Trustees . 636 76
747 523
Enoch Pratt Free Library 658 108
896 1103
Estimates, Board of 804 726
Fire Dept 736 509
638 79
749 526
Finance Dept 637 77
748 525
Health, Dept. of 687 209
639 81
Historical and Architectural Preservation 640 83
750 528
Hospitals 641 84
751 529
1172 INDEX
Ord. Page
Housing Community Development 820 806
858 1020
797 716
795 711
752 531
642 86
807 730
808 733
721 407
Jail Board 643 87
753 532
Jail, City 800 721
Labor Commissioner, Office of 754 533
661 112
Law, Dept. of 644 88
755 535
Legislative Reference, Dept. of 657 106
Mayor's Advisory Committee on Art & Culture .... 757 537
735 508
716 402
717 403
663 114
Mayor's Advisory Committee on Small Business . . 759 540
667 119
Mayor's Coordinating Council on Criminal Justice . . 665 117
895 1101
Mayor's Office 659 109
Mayor's Office of Manpower Resources 688 210
Mayor's Task Force for Liaison
for General Assembly 756 536
660 110
Minimum Wage Commission 760 541
668 120
Municipal Museum, Bd. of Trustees of 763 545
646 91
Municipal and Zoning Appeals, Dept. of 656 105
Museum of Art 669 122
758 538
Off-Street Parking Commission 764 546
645 90
Orphan's Court 744 519
632 71
Planning Dept 670 123
765 547
809 735
INDEX 1173
Ord. Page
Police Dept 671 124
766 548
Post Mortem Examiners 647 92
767 550
Public Works Dept 823 813
648 93
768 551
805 728
Recreation and Parks, Dept. of 649 96
621 57
622 58
769 553
Safety, Office of 666 118
761 542
Sheriff's Office . 654 103
770 555
801 722
State's Attorney's Office 771 556
899 1105
633 72
802 723
Supreme Bench 743 518
631 70
803 725
Telecommunications, Office of 762 543
664 115
Transit and Traffic, Dept. of 650 97
772 557
Treasurer, Dept. of 651 99
773 559
Urban Services 882 1059
652 100
810 736
883 1061
War Memorial Commission 653 101
774 560
B
Baltimore City Code — Amendments —
Article 1— Section 104C, 104D 619 54
Article 1— Sections 96(g), (i), 97, 98, 99 (a), (i),100,
101 (b) , 101 (c) 916 1142
Article 15— Section 100 (j) 814 777
Article 15 — Sections 79, 82 592 2
Article 19— Sections 51, 60 778 564
1174 INDEX
Ord. Page
Article 19— Section 145(5) 724 410
Article 22— Subsection (a) of Section 8 610 36
Article 30— Sheet No. 45, 46 594 7
Article 30— Sheet No. 47, 57 693 6
Article 30— Sheet No. 24 615 45
Article 30— Sheet No. 15 616 51
Article 30— Section 11.0-6c-l 620 56
Article 30— Sheet No. 46 729 493
Article 30— Sheet No. 33 868 1042
Article 30— Sheet No. 48, 49 888 1078
Article 30— Sheet No. 96 890 1083
Article 30— Sheet No. 36 898 1104
Article 30— Sheets No. 55, 65 864 1034
Article 30— Sheet No. 46 866 1039
Article 30— Sheet No. 12 867 1041
Article 30— Sheets No. 58, 59 859 1024
Article 30— Sheet No. 21 843 943
Article 30— Sheets No. 65, 66 827 824
Article 30— Sheet No. 46 723 409
Article 30— Sheet No. 68 706 34
Article 30— Sheet No. 46 689 212
Article 30— Sheet No. 35 708 366
Article 30— Sheet No. 3 673 127
Article 30— Section 3.0-1-3.0-2 676 133
Article 30— Sheet No. 3 674 128
Article 30— Sheets No. 48, 58 601 19
Article 30— Sheets No. 27, 28, 37, 38 844 923
Baltimore City Code — Repeals —
Article 1— Section 104C, 104D 619 54
Article 15— Section 100 (J) 814 777
Article 15 — Sections 79, 82 592 3
Article 19— Sections 51, 60 778 564
Article 19— Section 20 822 S12
Article 19— Section 145 (5) 724 410
Article 22— Subsection (a) (b) (c) (d) of Section 43 . 851 982
Article 22— Subsection (a) (b) (c) (d) (e) (f ) of
Section 7 851 982
Article 22— Subsection (a) (b) (c) (d) (e) (f) (g) of
Section 7 851 982
Article 22— Section 8 610 36
Article 30— Section 3.0-1-3.0-2 676 133
Article 30— Section 11.0-6c-l 620 56
Article 31— Sections 107 (1 ) , (2) , (3) , 108 (1) 879 1054
Article 31— Sections 106(2), (3), 112(3), 113(5) ... 879 1054
Article 32— Chapter 17 894 1088
INDEX 1175
Ord. Page
Baltimore City Code — New —
Article 1— Section 40 II 715 400
Article 1— Section 40(HH) 720 405
Article 1— Section 14A 709 367
Article 1— Section 37 612 42
Article 19— Section 179 672 126
Article 19— Section 20 822 812
Article 19— Sections 61, 62 778 564
Article 15— Sections 82A, 82D 592 3
Article 22— Subsection (a) (b) (c) (d) (e) (f ) (g) of
Section 35 851 982
Article 22— Subsection (d) of Section 16 900 1107
Article 22— Subsection (2) of Section 5 851 982
Article 22— Subsection (q) of Section 33 845 928
Article 22— Subsection (x) of Section 33 845 528
Article 26— Sections 115, 116 869 1043
Article 30— Section 13.0-2-108 676 133
Article 30— Chapter 3B 676 133
Article 31— Section 141 (4C) 598 10
Article 31— Section 53A 884 1062
Article 31— Section 113 (5a) 718 409
Article 31— Sections 108 (1) , 112 (2a) , 116 (a) , (16) ,
(lc),119(2a), 120(1) 879 1054
Baltimore St. (6800 E.) —
Waive provisions 806 729
Baltimore St. (1422 E.) —
Community Correction Center 775 561
Baltimore Building Code —
Waiver of requirements for Cardiff Ave. between
S. Clinton and Highland Ave 675 129
Waiver of requirements for Exxon Corporation 732 505
Baltimore Building Code — New —
Chapter 17 894 1088
Chapter 28 677 141
Paragraph 4811 and 4852 806 729
Section 1710 (o) 713 382
Paragraph 2132 and 2138 875 1050
Broadway (517 S.) — metal shopping pole cart barrier 722 408
Bond Issue —
Chesapeake Center Project 840 933
Chesapeake Center Project 847 948
Chesapeake Center Project 848 964
Chesapeake Center Project 852 1009
Coldspring Loan Program 685 178
Commercial Rehabilitation 789 618
1176 INDEX
Ord. Page
Community Development Program 788 612
Fire Department 792 635
Industrial Development 704 270
Industrial Development 705 347
Industrial Development 721 407
Industrial Development 793 640
Industrial Development 711 379
Industrial Development 791 629
Industrial Development 794 708
Industrial Development 857 1018
Maryland Department of Transportation 705 347
Mudge Paper Company 726 417
Municipal Water Supply and Water System 785 595
Museum of Art Building 787 606
Port Facilities 842 910
Public Market Renovation 790 624
Residential Financing 784 588
Sanitary Sewerage 786 600
C
Calhoun Street (N. 1358-1372)— parking lot 679 156
Cardiff Avenue (between S. Clinton St. and
Highland Ave.)— pipe trestle 732 505
Cathedral Street (309) -non-bedridden
alcoholic homes 783 587
Charles Street (1200-1228-1301) 594 7
Charles Street (N. 1200-1226-1228)
Zoning Property 692 217
City Acquire —
Farley and Mannasota Aves 683 165
Garrison Blvd. (2202) 727 491
Grantley Ave. (3001) 857 1018
O'Donnell St. (4201, 4401, 4623) 830 832
Orleans St. Viaduct (easement) 815 778
Ostend St. (from Wicomico to Scott) 816 781
Russell St. (1400) 794 708
Sinclair Lane (Southwest corner of) and
Shannon Drive 821 808
St. Thomas Ave. and Plainfield Ave 682 159
Wells and Marshall Streets 608 31
City Property —
Chesapeake Life Insurance 852 1009
City Sell-
Camp Holabird (part of) 819 805
INDEX 1177
Ord. Page
Carey St. (N. 1431) 731 502
Carroll Industrial Park 728 492
Coldspring Lane (portions of) 730 494
Eutaw Street (S. 517) 880 1057
Fayette Street (W. 520) 832 861
Hudson Street (2801) 712 380
Maisel St. (east of) and Langley St. (northwest of) 702 261
Northern Parkway (south side of and west side
of York Rd.) 700 250
Northern Parkway and Walther Ave. (vie.) 876 1051
Plainfield Ave., Taylor Ave., Sulphur Spring
and Georgetown Roads (former beds of) 684 172
Raynor Avenue (2721) 707 365
Redwood St. (W. 730, 732, 734) and
Baltimore St. (725, 727, 729, 731) 840 899
Saratoga St. (W. 220-224) 781 584
Coldspring Loan Program1 — Residential Financing .... 685 178
Coldstream Homestead Montebello Area — amend plan 698 238
Correction Centers —
Baltimore St. (E. 1422) 775 561
Hudson St. (2801) 712 380
Lanvale St. (E. 320) 824 815
Walbrook Ave. (2229) 733 506
D
Disabled Persons Reserved Parking 856 1016
Drinking in Public Places 822 812
Drive-In Restaurants —
Northern Parkway and Wabash Ave. (intersection)' 780 580
Pulaski Highway (north of) and Haven St.
(east of) 602 20
Pulaski Highway (3400) 889 1082
Drug Abuse Rehabilitation and Treatment Center —
Aisquith Street (1031) 892 1085
Towanda Ave. (3101) 907 1123
Druid Heights Urban Renewal Project-^amend plan . . 696 228
E
Employees' Retirement System 851 92
Employees' Retirement System — amend 618 36
Employees' Retirement System — Baltimore Museum of
Art 900 1107
Enforcement, Special Officers 672 126
1178 INDEX
Ord. Page
F
Fallstaff Rd.— Residential Planned Development 690 213
Fayette St. (E. 1105)— Alcoholic Rehabilitation
Home 678 155
Fayette St. (from Gay St. to Holliday St.) —
one-way westbound traffic 863 1034
Fees and Service Charges 894 1088
Fees and Service Charges Bldg. Regulations 713 382
Flood Plain District — Regulations 677 141
Flood Plain Overlay District 676 133
Franklin Square — designating as renewal area 831 841
Frederick Ave. (4021-4027)— Parking lot 613 44
Furley Ave. and Mannasota — for public highway .... 683 165
G
Grantley St. (3001) city acquire 857 1018
Greenmount (west side of) near Homewood
Terrace — Reserved Parking 597 10
Greenspring Ave. (5772) — zoning property 673 127
Greenspring Ave. (5718-5720) — zoning property 674 128
H
Hollins Ferry Rd. (2925-2927)— Parking lot 609 34
Housing for Elderly —
Harlem Ave. (north of) and east of
N. Arlington Ave 681 158
Preston St. (E. 501) 777 563
Hudson St. (2801) city sell 712 380
I
Impounding —
Clear Streets; deleting certain areas 879 1054
Eutaw St. (east side of) between Madison and
Biddle Sts 719 405
Monument St. (north side of) from Fallsway to
Washington St 598 10
Mt. Vernon Place (both sides of) between east-
west of Washington Place 718 404
Saratoga St. (both sides) from Greene St. to
Pine Street 917 1145
Industrial Planned Development 885 1063
Inner Harbor Park Res. 11 1157
Inner Harbor Project I-A — approving plan 710 368
Inner Harbor Project Renewal Plan — amend plan . . . 611 37
Inner Harbor West Project (waive requirements) . . 875 1050
INDEX 1179
Ord. Page
1-95 from Caroline St. to Boston and
Luzerne Ave. — street close 599 11
1-95 Sharp St. to Battery Ave.— Street Close 600 15
J
Johnson Square Urban Renewal Project —
amend plan 703
L
263
Lanvale Street (E. 320) — correction center 824 815
Lawndale Ave. (5010)— Parking lot 617 52
Lee Street (extending from Sharp St.) —
street closed 603 20
Licenses —
Selling in Streets (food vendors in residential areas) 592 3
Selling in Streets (food peddlers) 814 777
Limited Access Highways (prohibiting stopping on) . . 889 1062
Loft Historic and Architectural Preservation District
(to add) 715 400
M
McHenry St. (south side of) — Reserved Parking 596 9
Merryman's Mill Rd. (northwest side) Balto. County 836 881
Metropolitan District — extended — Baltimore County . 595 8
Mid-Town Belvedere Area — amend plan 615 46
Milton Avenue (601) Zoning Property 593 6
Minimum Wage Law — name change to
Wage Commission 778 564
Monument St. (north side of) from Fallsway to
Washington St. — Impounding 598 10
Morton St. (906)— Parking lot 782 586
Mt. Royal Terrace (2000)— adding to Historical
district 612 42
Municipal Center Area — amend plan 839 897
N
North Avenue (1322-1328)— Parking lot 618 53
North Avenue Transit Station Urban Renewal Area —
approve plan 817 785
Northern Parkway and Wabash Ave. —
Drive-In Restaurant 780 580
Nursing Homes —
Gilmore Street (N. 1501-1513) 874 1049
1180 INDEX
Ord. Page
O'Donnell St. (4201, 4401, 4623)— City Acquire 830 832
One-Way Traffic — east bound (Walther Ave. from
Hilltop Avenue) 607 30
Orchard-Biddle Project Urban Renewal Plan —
amend plan 686 192
Ordinance 422, 7-25-77 — Correct technical
mistake in 813 775
Ordinance of Estimates— June 30, 1979 811 738
Orleans St. Viaduct (easement) City Acquire 815 778
Ostend St. from Wicomico to Scott St.— City Acquire . 816 781
P
Parking Garage —
Calvert St., Center, Hunter and Monument 870 1045
Parking Lots —
Broadway (N. 601) 872 1047
Calhoun St. (N. 1358-1372) 679 156
Eastern Ave. (3300-3308) 855 1015
Frederick Ave. (4021-4027) 613 44
Garrison Ave. (northwest of) and extending
from Park Heights to Palmer Ave 854 1014
Hollins Ferry Road (2925-2927) 609 34
Howard St. (S. 10) 849 979
Lawndale Ave. (5010) 617 52
Morton Street (906) 782 586
North Avenue (W. 1322-1328) 618 53
Pine Heights Ave. (1001 ) . . . 776 562
Stockton St. (S. 14, 16, 18, 20, 22, 24) 873 1048
Twenty-Fourth St. (E. 111-113) 680 157
Parking Reserved —
Guilford Terrace (west side of) near Homewood
Terrace 597 10
Hamilton St. (south side of) near St. Paul Place . . 853 1014
Hanlon Ave. (south side of) near Rosedale St 897 1104
Hunter St. (east side of) between Monument and
Madison Sts 880 1059
McHenry Street (south side of) 596 9
Plum Street near Pennington Avenue 908 1124
Wilkes Lane (south side) and Calvert St 725 416
Patapsco Avenue (southwest side of) 891 1094
Plainfield Ave., Taylor Ave., Sulphur Spring
and Georgetown Rds. (former beds of) 684 172
Police Ordinance — minimum wage law 778 564
Poppleton Urban Renewal Project — amend plan 837 883
Preston St. (E. 501)— Housing for Elderly 777 563
INDEX 1181
Ord. Page
Preston St. (E. 501)— Zoning Property 729 493
Pulaski Highway (north of) and Haven St.
(east of) — Drive-In Restaurant 602 20
Pulaski Highway (north of) and Haven St.
(east of) — Zoning Property 601 19
Pulaski Highway (3400)— Drive-In Restaurant 889 1082
R
Rayner Avenue (2721)— City Sell 707 365
Records Management Officer (changed to City
Archivist and Records Management Officer) 916 1142
Rehabilitation Home (alcoholic) —
Fayette St. (E. 1105) 678 155
Rehabilitation Home (for non-bedridden alcoholics)
Cathedral St. (309) 783 587
Reservoir Hill Renewal Plan — amend plan 695 224
Residential Planned Development — Fallstaff
(north and east of Clarks Lane) 690 213
Retirement Systems — Fire and Police Employees'
Retirement System 843 928
Ridgely's Delight Area — amend plan 835 867
Russell Street (1400)— City Acquire 794 708
S
St. Paul Street, Centre and Monument Sts. —
construction of supporting structures 871 1046
St. Thomas Ave. and Plainfield Ave. — city acquire 682 159
Sandtown-Winchester — approving plan 701 252
Saratoga Street (W. 220-224)— city sell 781 584
Self -Insurance Program — amending 619 54
Sharp-Leadenhall Plan — amend plan 838 891
Sinclair Lane and Shannon Drive — city acquire 821 808
Soil Erosion and Sediment Control 869 1043
Special Sanitary Enforcement Officers — Citations —
Police Ordinance 724 410
Streets — Close —
Brentwood Ave. extending from Lanvale Street 829 827
Caroline St., Fairmount Ave., Bond St. and
Baltimore St 912 1131
Charles St. (N. 1200-1226-1228)— >alley 692 217
Cottage Avenue (3905-3913)— alley 694 222
Danville Avenue, from Clinton St. to Bulkhead
Lane 606 28
Homestead Street (southwest of) extending
from Kirk Avenue 904 1114
1182 INDEX
Ord. Page
1-95 from Caroline Street to Boston and
Luzerne Avenue 599 11
1-95— Sharp Street to Battery Avenue 600 15
Lee Street — extending from Sharp Street 603 20
Lucille Ave. near Reisterstown Rd. and Beehler
Avenue 834 864
Pine and Fayette Streets 906 1119
Ridgely's Delight Urban Renewal Project —
certain streets and alleys in 826 820
Reservoir Hill Urban Renewal Project —
certain streets and alleys in 914 1136
Robert Street 902 1110
St. Paul (vicinity of) Monument and Centre Streets 910 1126
York Road (5221-5227) 605 25
Streets — Open —
Brentwood Avenue to Lanvale Street 828 827
Caroline St., Fairmount Ave., Bond and Baltimore
Streets 911 1129
Charles Street (N. 1200-1226-1228) 691 215
Cottage Ave. (3905-3913) (alley) 693 220
Franklin Square — designate reserved area 831 841
Holliday Street from Fayette to Lexington Streets . . 862 1031
Homestead Street (southwest extending from
Kirk Ave.) 903 1112
Lucille Ave. (vicinity) Reisterstown Rd. and
Beehler Ave 833 862
Municipal Center Area — amend plan 839 897
Pine and Fayette Streets 905 1118
Poppleton Urban Renewal Project —
amend plan 837 883
Reservoir Hill Urban Renewal Project —
(certain streets and alleys) 913 1135
Ridgely's Delight Urban Renewal Project —
(certain streets and alleys in) 825 816
Robert Street 901 1108
St. Paul (vie.) Monument and Center Streets 909 1125
Sharp-Leadenhall Plan — amend plan 838 891
York Road (5221-5227) 604 23
T
Taxes —
Collect Tax 812 775
Transit and Traffic —
Additional Parking Restrictions 856 1016
Transportation Control Plan Res. 19 1168
Treasurer, eliminate Department Res. 13 1160
Treasurer, clarify and define duties Res. 12 1158
INDEX 1183
U Ord. Page
Urban Renewal —
Coldstream-Homestead Montebello
Area— amend plan 698 238
Druid Heights (Urban Renewal Project) 696 228
Franklin Square Urban Renewal Area 831 841
Greenmount-West 699 242
Inner-Harbor Project I-A — approving plan 710 368
Inner Harbor Project — amend plan 611 37
Johnson Square — amend plan 703 263
Johnson Square Urban Renewal Project —
changing zoning districts 723 409
Mid-Town Belvedere — amend plan 615 46
Mount Vemon Renewal Plan — amend plan 841 900
Municipal Center Area — amend plan 839 897
Orchard-Biddle Project— amend plan 686 192
Project 3-c— amend plan . 915 1139
Reservoir Hill — amend plan 695 224
Ridgely's Delight Renewal Plan — amend plan 835 867
Sandtown-Winchester — approving plan 701 252
Sharp-Leadenhall Plan — amend plan 838 891
University of Maryland Baltimore Campus
Project No. 11 — amend plan 779 575
Upton Renewal — amend plan 697 233
Washington Boulevard Business Area —
designating as 714 384
Washington-Hill Chapel — amend plan 818 796
W
Walbrook Avenue (2229)— city sell 733 506
Walbrook Shopping Center — amend plan 860 1024
Walrad Avenue (south side of) near Yale Avenue 886 1065
Walters Art Gallery — authorize increase in number of
trustees 734 507
Walther Avenue from Hilltop Avenue (one-way
traffic east bound) 607 30
Washington Boulevard Business Area —
designating area 714 384
Washington-Hill Chapel — amend plan 818 796
Water and Sanitary Wastewater (self-sustaining
utilities) Res. 9 1149
Water and Waste Water Plan Res. 8 1147
Water Quality "208" Management Program Res. 10 1155
Waverly Historic and Architectural District 720 405
Wells and Marshall Streets for public highway —
city acquire 608 31
1184 INDEX
Ord. Page
Western Maryland Railroad Right-of-Way
(portions of alleys)— city sell 702 261
Wilkes Lane (south side of) and Calvert Street
(west) — Parking Reserved 725 416
Wilmington Ave. (east side of) near Benson Avenue —
Parking Reserved 878 1053
Y
York Road (5221-5277)— streets open 604 23
York Road (5221-5277)— streets close 605 25
Z
Zoning Code — conditional uses require a statement . . 620 56
Zoning Properties —
Aisquith St. (southwest of), Hargest St.
(northwest of) 898 1104
Ashland Avenue and Iris Avenue 888 1078
Charles Street (1200-1228-1301) 594 7
Charles Street (W. 1200-1226-1228) 692 217
Cox Street (south side) west of Conduit Avenue . . . 614 45
Danville Avenue 606 28
Eager Street (south of) 689 212
Elliot Street, Boston Street, Lakewood Avenue 706 361
Erdman Avenue (southwest), Crossland Avenue
(southeast) 844 922
Greenspring Avenue (5722) 673* 127
Greenspring Avenue (5718-5720) 674 128
Industrial Districts — add diaper
supply establishments 850 981
Lawndale Ave. (west side of), north of Hurst Ave. . 616 51
Liberty Heights Ave. (northwest side) and Plateau
Ave. (northwest side) 843 943
Lombard Street (E. 4401-4425) 859 1023
Miles Ave. (2701-2703) 708 366
Milton Ave. (N. 601) 593 6
Oliver Urban Renewal Area 866 1039
Palmer Ave. (5010-5018) 867 1041
Patapsco Ave. (southwest side of) 890 1083
Preston Street (E. 501) 729 493
Pulaski Highway (north of) and Haven Street
(east of) 601 19
Ridgely's Delight Urban Renewal Project
(district changes) 864 1034
Sharp-Leadenhall Project
(zoning changes in) 827 824
Zoning Ordinance of Baltimore City 620 56
UNIV OF MD COLLEGE PARK
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